Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Interruption. Except as expressly set forth in this Lease, Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises for any of the purposes authorized in this Lease or from repairs by Landlord of any portion of the Building. In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, or inability to obtain supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, terrorism or other public emergency, or delays due to government regulation or delays in obtaining insurance proceeds, or any other cause whether similar or dissimilar beyond Landlord’s reasonable control collectively and individually (“Force Majeure”), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Lease, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, EAST\66392481.7 total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. In case Tenant is prevented or delayed from performing any covenant or duty to be performed on Tenant’s part by reason of any cause reasonably beyond Tenant’s control, Tenant shall not be deemed in default under this Lease while such cause continues. The preceding sentence shall not apply to Tenant’s covenants and obligations to pay Annual Fixed Rent, Additional Rent and/or other charges or sums due Landlord hereunder or required to be paid to third parties under this Lease, nor shall Tenant’s financial inability ever be considered a cause beyond Tenant’s control. The preceding sentence shall not be interpreted to diminish Landlord’s rights hereunder to cure a breach of this Lease by Tenant or to recover the expense of such cure. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project Building however the necessity may occur. If In case Landlord is prevented or delayed from diligent construction of improvements, making any repairs, alterations or improvements, or furnishing any servicesservices or performing any other covenant or duty to be performed on Landlord's part, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other causecause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Section 4.2 below, and in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any a claim by Tenant in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of servicesdefault by Landlord or otherwise. Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 limit the duration avoid unnecessary interruption of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate Tenant's use of the expected duration Premises by reason thereof. The foregoing notwithstanding, if Landlord fails for any reason within Landlord's control to provide any service to be supplied by Landlord under the Lease which is necessary for Tenant's reasonable use of the interruption. Notwithstanding anything to the contrary in this Section 4.2 abovePremises (such as HVAC, if elevator service, electricity, water, or structural repairs), and Tenant is prevented, unable to use the Premises on account of Landlord’s failure such failure, Tenant shall be entitled to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion proportional abatement of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable based on the portion of the Premises which is not used by Tenant, unless Landlord cannot repair such services or utility systems due to force majeure or delays caused by Tenant. This abatement shall begin on the thirtieth (30th) consecutive business day from Tenant's written notice to Landlord of the failure. The abatement shall end when the services are restored sufficient to permit use of the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Sources: Sublease (BG Medicine, Inc.)
Interruption. Except as expressly set forth in this Lease, Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises for any of the purposes authorized in this Lease or from repairs by Landlord of any portion of the Building. In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, or inability to obtain supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, terrorism or other public emergency, or delays due to government regulation or delays in obtaining insurance proceeds, or any other cause whether similar or dissimilar beyond Landlord’s reasonable control collectively and individually (“Force Majeure”), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Lease, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. EAST\66392481.7 In case Tenant is prevented or delayed from performing any covenant or duty to be performed on Tenant’s part by reason of any cause reasonably beyond Tenant’s control, Tenant shall not be deemed in default under this Lease while such cause continues. The preceding sentence shall not apply to Tenant’s covenants and obligations to pay Annual Fixed Rent, Additional Rent and/or other charges or sums due Landlord hereunder or required to be paid to third parties under this Lease, nor shall Tenant’s financial inability ever be considered a cause beyond Tenant’s control. The preceding sentence shall not be interpreted to diminish Landlord’s rights hereunder to cure a breach of this Lease by Tenant or to recover the expense of such cure. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Interruption. Except as expressly set forth in this Lease and except for Landlord’s negligence, Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises for any of the purposes authorized in this Lease or from repairs by Landlord of any portion of the Building (provided, however, that Landlord shall use commercially reasonable efforts to avoid interruption of Tenant’s use of the Premises for the Permitted Uses during any such entry into the Premises). In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, or inability to obtain supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, terrorism or other public emergency, or delays due to government regulation or delays in obtaining insurance proceeds, or any other cause whether similar or dissimilar beyond Landlord’s reasonable control collectively and individually (“Force Majeure”), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Lease, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. In no event shall Tenant be liable for indirect or consequential damages arising out of any default by Tenant. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, emergency, accident or periodic testing emergency or maintenance of building systems, or until necessary repairs have been completedrepair necessitating such stoppage (subject to the provisions hereof); provided, however, that in each instance of stoppage, Landlord shall exercise commercially reasonable diligence for the Landlord of a first-class building such as the Building located in the greater Boston, Massachusetts “Metro-West” area 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Interruption. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Building however the necessity may occur. In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, governmental preemption of priorities or other controls in connection with a national or other public emergency, or inability to obtain fuel, supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, or terrorism, or delays in the making of repairs which are due to government regulation or delays in obtaining insurance, or any other cause whether similar or dissimilar beyond Landlord's reasonable control collectively and individually ("Force Majeure" which term shall have the same meaning in relation to the performance of Tenant Work by Tenant, except that "Tenant" shall be substituted for "Landlord"), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. Notwithstanding the foregoing, Landlord shall use reasonable efforts to prevent or minimize the effect of any interruption of Tenant's business caused by any of the foregoing. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 's use of the Premises by reason thereof. The foregoing notwithstanding, if Landlord shall not be liable to Tenant fails for any compensation reason within Landlord's control to provide any service to be supplied by (or reduction perform any obligation to be performed by) Landlord under the Lease which is necessary for Tenant's reasonable use 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 (such as HVAC, elevator service, electricity, water, or structural repairs, including repairs of leaks from outside the purposes authorized in this Lease or for repairing Premises)("Landlord Failure"), and Tenant is unable to use the Premises or from repairs by Landlord on account of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairssuch failure, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord Tenant shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any a proportional abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fifth (5th) consecutive Business Day from Tenant's written notice to Landlord of Landlord Failure. The abatement shall end when the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for are restored sufficiently to permit use of the Premises. This paragraph shall not apply Furthermore, if due to matters arising Landlord Failure Tenant is unable to use more than of the Premises and such Landlord Failure continues thirty (30) days from Tenant's written notice to Landlord of Landlord Failure, Tenant may elect to terminate this Lease by written notice to Landlord. Notwithstanding the foregoing, if Tenant elects to terminate the 601 Lease in accordance with the provisions of Section 4.2 of the 601 Lease, then Tenant may elect to terminate this Lease by providing written notice to Landlord at the same time as the result notice of a fire, casualty, taking, or other event as Tenant's election to which Article VI appliesterminate the 601 Lease.
Appears in 1 contract
Interruption. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Building however the necessity may occur. In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, governmental preemption of priorities or other controls in connection with a national or other public emergency, or inability to obtain fuel, supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God war or terrorism, or delays in the making of repairs which are due to government regulation or delays in obtaining insurance, or any other cause whether similar or dissimilar beyond Landlord’s reasonable control collectively and individually (“Force Majeure” which term shall have the same meaning in relation to the performance of Tenant Work by Tenant, except that “Tenant” shall be substituted for “Landlord”), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. Notwithstanding the foregoing, Landlord shall use reasonable efforts to prevent or minimize the effect of any interruption of Tenant’s business caused by any of the foregoing. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. The foregoing notwithstanding, if Landlord shall not be liable to Tenant fails for any compensation reason within Landlord’s control to provide any service to be supplied by (or reduction perform any obligation to be performed by) Landlord under the Lease which is necessary for Tenant’s reasonable use 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 (such as HVAC, elevator service, electricity, water, or structural repairs, including repairs of leaks from outside the purposes authorized in this Lease or for repairing Premises) (“Landlord Failure”), and Tenant is unable to use the Premises or from repairs by Landlord on account of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairssuch failure, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord Tenant shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any a proportional abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable based on the portion of the Premises which cannot be used by Tenant. This abatement shall begin on the fifth (5th) consecutive Business Day from Tenant’s written notice to Landlord of Landlord Failure. The abatement shall end when the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for are restored sufficiently to permit use of the Premises. This paragraph shall not apply Furthermore, if due to matters arising as Landlord Failure Tenant is unable to use more than twenty percent (20%) of the result Premises and such Landlord Failure continues thirty (30) days from Tenant’s written notice to Landlord of a fireLandlord Failure, casualty, taking, or other event as Tenant may elect to which Article VI appliesterminate this Lease by written notice to Landlord.
Appears in 1 contract
Interruption. Except as expressly set forth in this Lease and except for Landlord’s negligence, Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises for any of the purposes authorized in this Lease or from repairs by Landlord of any portion of the Building (provided, however, that Landlord shall use commercially reasonable efforts to avoid interruption of Tenant’s use of the Premises for the Permitted Uses during any such entry into the Premises). In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, or inability to obtain supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, terrorism or other public emergency, or delays due to government regulation or delays in obtaining insurance proceeds, or any other cause whether similar or dissimilar beyond Landlord’s reasonable control collectively and individually (“Force Majeure”), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Lease, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. In no event shall Tenant be liable for indirect or consequential damages arising out of any default by Tenant. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completedrepair necessitating such stoppage (subject to the provisions hereof); provided, however, that in each instance of stoppage, Landlord shall exercise commercially reasonable diligence for the Landlord of a first-class research/laboratory building such as the Building located in the greater Boston, Massachusetts “Metro-West” area 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant, nor shall Tenant have a claim for any compensation or reduction of rent by reason Rent, arising out of inconvenience or annoyance resulting from interruptions or for loss shortages of business arising utilities or building services, or from the necessity of Landlord or its agents Landlord’s entering the Premises for any of the purposes authorized in by this Lease or for repairing the Premises Premises, or from repairs by Landlord of any portion of the Project however Building and/or the necessity may occurProperty. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any servicesutility or service or performing any other obligation to be performed on Landlord’s part, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, nor shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect reserves the right to stop any service or consequential damages arising out utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs, Landlord will give Tenant not less than twenty-four (24) hours advance notice of any interruption of servicescontemplated stoppage and will use diligent efforts to avoid unreasonable inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards. In so doing, Landlord shall use reasonable make diligent efforts to limit the duration of any such interruptions and, upon request, shall from time avoid unreasonable inconvenience to time advise Tenant of its good faith estimate of the expected duration of the interruptionby reason thereof. Notwithstanding anything to the contrary in this Section 4.2 aboveforegoing, if Tenant is prevented, on account of Landlord’s failure to provide furnish, or any interruption or termination of, services due to the application of applicable Legal Requirements then enforced, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause each as a result of Landlord’s gross negligence or intentional misconduct (a “Service Failure”) shall not render Landlord liable in any respect for damages to either person or property, nor be construed as a constructive eviction of Tenant, nor give rise to an essential service abatement of Rent (except as expressly provided below), nor relieve Tenant from the obligation to be provided fulfill any covenant or agreement under this Lease where the failure is caused by matters within Landlord’s reasonable controlLease. However, from using all or a substantial portion of if Tenant was previously occupying the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just material portion of the Premises, is made untenantable for a period in excess of five (5) consecutive calendar days following notice to Landlord as a result of a Service Failure that is within Landlord’s control to provide (and proportionate part thereofTenant in fact does not use the Premises or such material portion thereof during such period), then Tenant, as its sole remedy, shall be abated. As used hereinentitled to receive an abatement, “essential service” shall mean elevator accesspro rata based on the portion of the Rentable Area of the Premises rendered untenantable, fire of Rent payable hereunder during the period beginning on the sixth (6th) consecutive calendar day of the Service Failure and life safety systems, and base building electricity, water and HVAC services for ending on the Premises. This paragraph shall not apply to matters arising as earlier of the result day such service has been restored or the day on which Tenant commences use of a fire, casualty, taking, the Premises or other event as to which Article VI appliessuch material portion thereof.
Appears in 1 contract
Sources: Lease (Management Network Group Inc)
Interruption. Except as expressly set forth in this Lease, Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents entering the Premises for any of the purposes authorized in this Lease or from repairs by Landlord of any portion of the Building. In case Landlord is prevented or 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 strike or other labor trouble, fire or other casualty, or inability to obtain supplies, or labor despite reasonable efforts, or unusually adverse weather conditions, or unforeseen subsurface conditions, or acts of God, war, terrorism or other public emergency, or delays due to government regulation or delays in obtaining insurance proceeds, or any other cause whether similar or dissimilar beyond Landlord's reasonable control collectively and individually ("Force Majeure"), Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in this Lease, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 's use of the Premises by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Sources: Office Lease (Mac-Gray Corp)
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage(a) Except as set forth herein, 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 by reason thereof. Landlord shall not be liable have no responsibility or liability to Tenant for failure, interruption, inadequacy or unavailability of any compensation utilities, facilities, or reduction of rent by reason of inconvenience or annoyance services or for loss of business arising from the necessity any failure or inability of Landlord to perform any obligation under this Lease if such failure, interruption or its agents entering inability arises from Force Majeure, and in no event for any indirect or consequential damages to Tenant; and failure or omission on the Premises part of the Landlord to furnish any of same for any of the purposes authorized reasons set forth in this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other cause, Landlord paragraph shall not be liable to Tenant thereforconstrued as an eviction of Tenant, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. During the continuance of any event of Force Majeure, Landlord may temporarily cease to provide any non-critical service or partialamenity if Landlord deems it necessary, eviction from in its sole judgment, for the Premisessafety or well-being of the Building, the Property, its tenants and their employees, invitees and contractors. In exercising its right pursuant to the immediately preceding sentence, in no event shall Landlord be liable for indirect cease to provide mechanical, electrical or consequential damages arising out of any interruption of services. other utility service Landlord shall use reasonable efforts is obligated to limit provide under this Lease.
(b) Notwithstanding the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 aboveforegoing, if an event or circumstance (an “Abatement Event”) shall occur that causes an interruption or curtailment, suspension or stoppage of an Essential Service that reasonably prevents Tenant is preventedfrom using the entire Premises, on account or any material portion thereof, as a result of Landlord’s failure to provide an essential service any Essential Service (defined below) required to be provided by Landlord under this Lease where the Lease, provided that such failure or Landlord’s inability to remedy such event or circumstance is caused by matters within not due to Force Majeure or a cause beyond Landlord’s reasonable controlcontrol generally affecting other buildings in the vicinity (such as a neighborhood power outage or other off-site occurrence) or due to the negligence of Tenant, from using all its employees, vendors, or a substantial portion contractors, or any party claiming by, through or under Tenant then Tenant shall give Landlord notice (an “Abatement Notice”) of the Premises for more than seven (7) consecutive business days following notice any such Abatement Event. The Abatement Notice may be given via email to Landlord’s property manager. If such Abatement Event continues beyond the “Eligibility Period” (defined below), then from and after the end of such period until such essential service is restored, Annual Monthly Fixed Rent and Additional Rent under Sections 2.6 monthly charges on account of Operating Costs and 2.7 allocable to the Premises, or a just and proportionate part thereof, Taxes shall be abated. As used hereinabated entirely or proportionately, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a firecase may be, casualty, taking, or other event as to which Article VI applies.after the expiration 2892369_8
Appears in 1 contract
Sources: Lease Agreement (Vericel Corp)
Interruption. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises however the necessity may occur unless such loss is caused by the gross negligence or willful misconduct of Landlord or its employees, agents or contractors and further provided Landlord shall not unreasonably interfere with Tenant’s use of the Building. In case Landlord is prevented or delayed from diligent construction of improvements, making any 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 therefor, nor except as otherwise provided in Section 5.1 and in the paragraph below, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any default by Landlord. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident, accident or emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. In all circumstances in which Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other causedeems interruption necessary, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall will use reasonable efforts to limit the duration of any minimize such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Sources: Lease (Ikos Systems Inc)
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason No diminution of accident, emergencyabatement of rent, or periodic testing other compensation, shall be claimed or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant allowed for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business discomfort arising from the necessity making of Landlord repairs or improvements to the building or to its agents entering the Premises appliances, nor for any space taken to comply with any law, ordinance or order of a governmental authority. In respect to the various "services", if any, herein expressly or impliedly agreed to be furnished by the LANDLORD to the TENANT, it is agreed that there shall be no diminution or abatement of the purposes authorized in this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project however the necessity may occur. If Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Buildingrent, or any other compensation, for interruption or curtailment of such "service" when such interruption or curtailment shall be due to accident, alterations or repairs desirable or necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such "service" or to some other cause, Landlord not gross negligence on the part of the LANDLORD. No such interruption or curtailment of any such "service" shall be deemed a constructive eviction. The LANDLORD shall not be liable required to Tenant thereforfurnish, nor, except as otherwise provided in Section 6.1, and the TENANT shall Tenant not be entitled to receive, any such "services" during any period wherein the TENANT shall be in default in respect to the payment of rent. Neither shall there be any abatement or reduction diminution of rent because of making of repairs, improvement or relief from any other obligations by reason thereof, nor shall decorations to the beginning demised premises after the date above fixed for the commencement of the Term term, it being understood that rent shall, in any event, commence to run at such date so above fixed. The above clause is operative providing the period of inconvenience or discomfort does not exceed ten (10) days. an abatement of rent will be delayed, nor shall the same give rise to any claim by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out of any interruption of services. Landlord shall use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven allowed after ten (710) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising time as the result of a fire, casualty, taking, or other event as to which Article VI appliesinconvenience and discomfort shall cease.
Appears in 1 contract
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project Building however the necessity may occur, provided, however, that Landlord shall at all times use reasonable efforts to avoid material interference with Tenant's use of, and business operations at, the Premises, and Landlord shall remain liable for the negligence and willful misconduct of its employees, agents and contractors. If In case Landlord is prevented or delayed from in making any repairs, alterations or improvements, or furnishing any servicesservices or performing any other covenant or duty to be performed on Landlord's part, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other causecause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefor, therefor nor, except as otherwise provided hereinbelow and in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term be delayed, nor shall the same give rise to any a claim by Tenant in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out damages. Notwithstanding the foregoing, if any interruption in services to the Premises persists for more than five (5) days and has a material, adverse effect on Tenant's business operations, the Basic Annual Rent due hereunder shall ▇▇▇▇▇ according to the nature and extent of such adverse effect during the continuance of such interruption, as Tenant's sole remedy. Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof as promptly as possible. Except in case of emergency, repairs Landlord will give Tenant reasonable advance notice of any interruption of services. Landlord shall contemplated stoppage and will use reasonable efforts to limit the duration of any such interruptions and, upon request, shall from time avoid unnecessary inconvenience to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part reason thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Sources: Lease (Pure Atria Corp)
Interruption. Landlord reserves the right to stop any service or utility system when necessary by reason of accident, emergency, or periodic testing or maintenance of building systems, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, 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 by reason thereof. Landlord shall not be liable to Tenant for any 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 this Lease or for repairing the Premises or from repairs by Landlord of any portion of the Project Building however the necessity may occur, provided, however, that Landlord shall give reasonable advance notice to Tenant, except in an emergency, of any such entry or repairs and shall use reasonable efforts to avoid interference with ▇▇▇▇▇▇'s use and occupancy of the Premises. If In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any servicesservices or performing any other covenant or duty to be performed on Landlord's part, whether by reason of accident, strike, lockout, interruption, curtailment or diminution of any utility service to the Building, or any other causecause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefor, nor, except as otherwise provided in Section 6.1, shall Tenant be entitled to any abatement or reduction of rent or relief from any other obligations by reason thereof, nor shall the beginning of the Term Rent Commencement Date be delayeddelayed (once Substantial Completion has occurred), nor shall the same give rise to any a claim by Tenant in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. In no event shall Landlord be liable for indirect or consequential damages arising out damages. Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof and to restore such services as soon as reasonably practicable. Except in case of emergency repairs Landlord will give Tenant reasonable advance notice of any interruption of services. Landlord shall contemplated stoppage and will use reasonable efforts to limit the duration avoid unnecessary interruption of any such interruptions and, upon request, shall from time to time advise Tenant of its good faith estimate of the expected duration of the interruption. Notwithstanding anything to the contrary in this Section 4.2 above, if Tenant is prevented, on account of Landlord’s failure to provide an essential service to be provided under this Lease where the failure is caused by matters within Landlord’s reasonable control, from using all or a substantial portion ▇▇▇▇▇▇'s use of the Premises for more than seven (7) consecutive business days following notice to Landlord, then from and after the end of such period until such essential service is restored, Annual Fixed Rent and Additional Rent under Sections 2.6 and 2.7 allocable to the Premises, or a just and proportionate part by reason thereof, shall be abated. As used herein, “essential service” shall mean elevator access, fire and life safety systems, and base building electricity, water and HVAC services for the Premises. This paragraph shall not apply to matters arising as the result of a fire, casualty, taking, or other event as to which Article VI applies.
Appears in 1 contract
Sources: Lease (Cascade Communications Corp)