Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, employees or contractors AND (ii) continues for more than three (3) business days AND (iii) materially impairs Tenant's ability to use the Building for its intended purpose hereunder, then following such three (3) business day period, Tenant's obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's use of the Building, and such abatement shall continue until Tenant's use of the Building is no longer materially impaired thereby.
Appears in 3 contracts
Samples: Pharmacopeia Inc, Pharmacopeia Inc, Pharmacopeia Inc
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Premises or Property the Center because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building Premises that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ’s ability to use the Building Premises for its their intended purpose purposes hereunder, then following such three (3) business day period, Tenant's ’s obligations for fur payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's ’s use of the BuildingPremises or applicable portion thereof, and such abatement shall continue until Tenant's ’s use of the Building Premises is no longer materially impaired thereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Premises or Property the Center because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building Premises that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ability to use the Building Premises for its their intended purpose purposes hereunder, then following such three (3) business day period, . Tenant's obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's use of the BuildingPremises or applicable portion thereof, and such abatement shall continue until Tenant's use of the Building Premises is no longer materially impaired thereby.
Appears in 2 contracts
Samples: Collaboration and Facilities Agreement (Cytokinetics Inc), Collaboration and Facilities Agreement (Cytokinetics Inc)
Interruption. There shall be no abatement of rent or other charges ------------ required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Premises or Property the Center because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building Premises that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ability to use the Building Premises for its their intended purpose purposes hereunder, then following such three (3) business day period, Tenant's obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's use of the BuildingPremises or applicable portion thereof, and such abatement shall continue until Tenant's use of the Building Premises is no longer materially impaired thereby.
Appears in 1 contract
Samples: Cor Therapeutics Inc / De
Interruption. There shall be no abatement of rent or other charges ------------ required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Buildings or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building Buildings that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ability to use the Building Buildings for its their intended purpose purposes hereunder, then following such three (3) business day period, Tenant's obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's use of the BuildingBuildings, and such abatement shall continue until Tenant's use of the Building Buildings is no longer materially impaired thereby.
Appears in 1 contract
Samples: Exelixis Inc
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.26.2, however, in the event of any interruption or failure of any service or utility to the Building that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ’s ability to use the Building for its intended purpose purposes hereunder, then following such three (3) business day period, Tenant's ’s obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's ’s use of the Building, and such abatement shall continue until Tenant's ’s use of the Building is no longer materially impaired thereby.
Appears in 1 contract
Samples: Lease (Macrogenics Inc)
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Buildings or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the a Building or Buildings that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ’s ability to use the Building applicable Building(s) for its the intended purpose purposes hereunder, then following such three (3) business day period, Tenant's ’s obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's ’s use of the Buildingaffected Building(s), and such abatement shall continue until Tenant's ’s use of the Building affected Building(s) is no longer materially impaired thereby.
Appears in 1 contract
Samples: Lease (Exelixis Inc)
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to on the Building or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.210.2, however, in the event of any interruption or failure of any service or utility to the Building Premises that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ability to use the Building Premises for its their intended purpose purposes hereunder, then following such three (3) business day period, TenantXxxxxx's obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's use of the BuildingPremises, and such abatement shall continue until TenantXxxxxx's use of the Building Premises is no longer materially impaired thereby.
Appears in 1 contract
Samples: Sugen Inc
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building Premises or Property the Center because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building Premises that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ’s ability to use the Building Premises for its their intended purpose purposes hereunder, then following such three (3) business day period, Tenant's ’s obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's ’s use of the BuildingPremises or applicable portion thereof, and such abatement shall continue until Tenant's ’s use of the Building Premises is no longer materially impaired thereby.
Appears in 1 contract
Samples: Sub Sublease (Cytokinetics Inc)
Interruption. There shall be no abatement of rent or other charges required to be paid hereunder and Landlord shall not be liable in damages or otherwise for interruption or failure of any service or utility furnished to or used with respect to the Building or Property because of accident, making of repairs, alterations or improvements, severe weather, difficulty or inability in obtaining services or supplies, labor difficulties or any other cause. Notwithstanding the foregoing provisions of this Section 8.2, however, in the event of any interruption or failure of any service or utility to the Building that (i) is caused in whole or in material part by the active negligence or willful misconduct of Landlord or its agents, agents or employees or contractors AND and (ii) continues for more than three (3) business days AND and (iii) materially impairs Tenant's ’s ability to use the Building for its intended purpose purposes hereunder, then following such three (3) business day period, Tenant's ’s obligations for payment of rent and other charges under this Lease shall be abated in proportion to the degree of impairment of Tenant's ’s use of the Building, and such abatement shall continue until Tenant's ’s use of the Building is no longer materially impaired thereby.
Appears in 1 contract
Samples: Lease (Exelixis Inc)