Common use of Interruptions Clause in Contracts

Interruptions. It is understood that Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premises.

Appears in 3 contracts

Samples: Office Lease (Atara Biotherapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)

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Interruptions. It is understood that Landlord does not warrant that any shall use reasonable diligence to remedy an interruption in the furnishing of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary and utilities required to be madefurnished by Landlord. If (i) any utilities or services to the Premises are interrupted or discontinued due to a cause within Landlord’s reasonable control, by strikes or accidents(ii) Tenant is unable to, by any cause beyond and does not, use the reasonable control Premises as a result of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension discontinuance, (iii) Tenant shall have given notice respecting such interruption or discontinuance to Landlord, and (iv) Landlord fails to cure such interruption or discontinuance within ten (10) consecutive business days after receiving such notice, then Rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. Such abatement of Rent shall be Tenant’s sole remedy in the event of a discontinuance or interruption of services or utilities required to be provided by Landlord hereunder. Interruption of services and utilities shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor thereof or render Landlord liable to Tenant for damages by abatement or loss of Rent any kind, or otherwise, nor relieve Tenant of from performance of Tenant’s obligations under this Lease, except as expressly provided herein. Notwithstanding anything herein to If, however, any governmental authority imposes regulations, controls, or other restrictions upon Landlord or the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as Building which would require a result of an interruption change in any of the services required to be provided by Landlord pursuant to under this Article 11Lease, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possiblemay comply with such regulations, (ii) ifcontrols, despite such commercially reasonable good faith efforts by Landlordor other restrictions, such interruption persists for a period in excess of three (3) consecutive business daysincluding without limitation, then Tenantcurtailment, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning rationing or restrictions on the fourth (4th) consecutive business day use of such interruption and ending on the day the utility electricity or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy any other form of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to energy serving the Premises. Tenant will cooperate and do such things as are reasonably necessary to enable Landlord to comply with such regulations, controls, or other restrictions.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Interruptions. It is understood that Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord's entering the Premises for any of the services referred to above purposes in this Lease authorized, or for repairing the Premises or any other services which portion of the Building or Lot. After the Commencement Date, in case Landlord may supply will be free is prevented or delayed from interruption. Tenant acknowledges that making any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary improvements, or furnishing any service or performing any other covenant or duty to be madeperformed on Landlord's part, by strikes or accidents, by reason of any cause reasonably beyond Landlord's control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided in Article 7, 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. 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. Except in case of emergency repairs, Landlord will give Tenant reasonable control advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, after the Commencement Date, if a total interruption that has been caused by the negligence or willful misconduct of Landlord, or by orders or regulations construction of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction improvements (constructive or otherwiseas opposed to repairs) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant continues for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then more than thirty (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (330) consecutive business days, then Tenant, as its sole remedy, Tenant shall be entitled allowed to receive an abatement xxxxx the Rent by 50% for the pro rata portion of Minimum Monthly Rent the month in which the interruption takes place and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premisescontinues.

Appears in 2 contracts

Samples: Lease (Irobot Corp), Lease (Irobot Corp)

Interruptions. It is understood that Except as otherwise set forth below in this Section 5.2, Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord's entering the Premises for any of the services referred to above purposes in this Lease authorized, or for repairing the Premises or any other services portion of the Building or Lot. In case, notwithstanding Landlord's diligent efforts in connection therewith (which such efforts shall never obligate Landlord may supply will be free to pay for overtime and/or premium time work, or to pay a premium for expedited delivery, except as such additional costs are so authorized and paid for by Tenant), Landlord is prevented or delayed from interruption. Tenant acknowledges that making any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary improvements, or furnishing any service or performing any other covenant or duty to be madeperformed on Landlord's part, by strikes or accidents, by reason of any cause reasonably beyond the reasonable Landlord's control of (expressly excluding Landlord's financial inability), or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services Landlord shall not be deemed an eviction (constructive liable to Tenant therefore, nor, except as expressly otherwise provided in Article III or otherwise) Article VII, shall Tenant be entitled to any abatement or disturbance reduction of Tenant’s use and possession of the Leased Premises or any part rent by reason thereof, nor render 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. Landlord liable 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. 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 inconvenience to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Leasereason thereof. Notwithstanding anything herein any language to the contrary, if if, due solely to any act or omission on the part of Landlord, electricity, heat, air conditioning, water or any other service or utility that Tenant is entitled to receive under this Lease is interrupted, and such interruption renders the Premises is made untenantable, or any portion thereof is reasonably inaccessible by Tenant, or unsuitable makes it impracticable for Tenant to conduct its business in the ordinary Premises, then if such interruption or cessation shall continue for a period of thirty (30) consecutive days after notice thereof from Tenant to Landlord that the Premises are untenantable, or reasonably inaccessible, or Tenant cannot conduct of Tenant’s business, its business as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11thereof, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Fixed Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business rent shall be proportionately abated for each successive day of such interruption and ending on or cessation continues based upon that certain portion of the day the utility or service has been restored; provided, however, Premises that in the event are affected by such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premises.other than for

Appears in 2 contracts

Samples: Attornment Agreement (Unisphere Networks Inc), Attornment Agreement (Unisphere Solutions Inc)

Interruptions. It is understood that Landlord does not represent or warrant that any of the services referred to above above, or any other services which Landlord may supply supply, will be free from interruption. interruption and Tenant acknowledges that any one or more of such services may be suspended or reduced by reason of accident, repairs, inspections, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authorityForce Majeure. Any such interruption interruption, reduction or suspension discontinuance of services service shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises Premises, or any part thereof, nor nor, except as otherwise set forth herein, render Landlord liable to Tenant for damages by abatement of Rent or otherwisedamages, nor relieve Tenant of from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any service so interrupted. Notwithstanding anything herein to the contraryforegoing, if the Premises is made untenantableany essential services to be supplied by Landlord under this Lease are interrupted, inaccessible and such interruption has resulted from an act or unsuitable for the ordinary conduct omission of Tenant’s business, Landlord and as a result of an such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides written notice of such interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Minimum a proportionate share of the Monthly Base Rent and additional all Additional Rent payable hereunder during and charges, allocable to the period beginning affected material portion of the Premises commencing on the fourth third (4th3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such interruption service, and ending on the day date such essential services and Tenant’s access and use of the utility or service has been Premises are restored; provided, however, that in the event . If any such interruption is not due to Landlord’s negligence or willful misconductcontinues for fifteen (15) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such abatement services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall only apply be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the extent Landlord collects proceeds (or would have collected had Landlord tendered resumption of such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premisesservices.

Appears in 1 contract

Samples: Drive Office Lease (Keryx Biopharmaceuticals Inc)

Interruptions. It is understood that Except as expressly provided in this Section 5.2, Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord's entering the Office Buildings for any of the services referred to above purposes in this Lease authorized, or for repairing the Office Buildings or any other portion of the Office Buildings or the North Parcel Lot, except as follows: (i) to the extent that such losses are the result of Landlord's, or the Landlord's agents or employees, gross negligence or willful misconduct; or (ii) to the extent the loss of service or the inconvenience or annoyance constitutes a material interruption in Tenant's use or occupancy of the Premises or a material interruption in Office Buildings' services which Landlord may supply will be free from interruption. Tenant acknowledges such that any one Tenant's use of the Premises is significantly affected, in either case for a period of more than five (5) consecutive business days or more such services may than 10 business days within any sixty (60) day period, then the Annual Rent shall be suspended equitably abated to account therefor. Notwithstanding the foregoing, in case Landlord is prevented or reduced by reason of delayed from making any repairs, alterations or improvements necessary improvements, or furnishing any service or performing any other covenant or duty to be made, performed on Landlord's part by strikes or accidents, by reason of any cause beyond the Landlord's reasonable control of Landlordcontrol, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services Landlord shall not be deemed an eviction (constructive liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or otherwise) or disturbance reduction of Tenant’s use and possession of the Leased Premises or any part rent by reason thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possiblegive rise to a claim in Tenant's favor that such failure constitutes actual or constructive total or partial, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during eviction from the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restoredOffice Buildings; provided, however, that in the event that Landlord's ----------------- inability to make such interruption is not due repairs, alterations or improvements or furnish such service or perform such covenant continues for a period of ninety (90) days, Tenant may, upon ten (10) business days' prior written notice to Landlord’s negligence , elect to terminate this Lease, whereupon Landlord and Tenant shall have no further rights or willful misconductobligations hereunder, then provided that Landlord's and Tenant's respective indemnification obligations hereunder shall survive such abatement shall only apply termination. Landlord reserves the right to the extent Landlord collects proceeds stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs (or would have collected had Landlord tendered in which case such claim) notice as is practicable under the policy circumstances shall be provided), Landlord will give Tenant reasonable advance notice of rental-loss insurance any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the cost right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of which has been included in Operating Expenses and the proceeds from which are allocable energy or energy services or as may be necessary or required to the Premisescomply with applicable codes, rules, regulations or standards.

Appears in 1 contract

Samples: Lease Agreement (Prime Response Inc/De)

Interruptions. It is understood that Except as expressly set forth in this Lease, Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the services referred to above purposes in this Lease authorized, or for repairing the Premises or any other services which portion of the Building or Lot, provided such inconvenience or annoyance is not caused by the willful misconduct or negligence of Landlord may supply will be free or Landlord’s agents, employees or contractors. In case Landlord is prevented or delayed from interruption. Tenant acknowledges that making any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary improvements, or furnishing any service or performing any other covenant or duty to be madeperformed on Landlord’s part, by strikes or accidents, by reason of any cause reasonably beyond the reasonable control of Landlord’s control, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services Landlord shall not be deemed an eviction (constructive liable to Tenant therefor, nor, except as expressly otherwise provided below or otherwise) in Article 7, shall Tenant be entitled to any abatement or disturbance reduction of Tenant’s use and possession of the Leased Premises or any part rent by reason thereof, nor render Landlord liable shall the same give rise to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of a claim in Tenant’s obligations under this Leasefavor that such failure constitutes, actual or constructive, total or partial, eviction from the Premises. Notwithstanding anything herein any language to the contrary, if the Premises electricity, heat, air conditioning, water or any other service or utility that Tenant is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent under this Lease is interrupted, and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on renders the day the utility Premises (or service has been restored; providedany portion thereof) untenantable, howeveror any portion thereof is reasonably inaccessible by Tenant, that or makes it impracticable for Tenant to conduct its business in the event Premises, and such interruption is not caused due to Landlord’s negligence or willful misconductfailure to perform any of its obligations under Article 5 of this Lease (expressly excluding, however, any interruptions caused by reasons beyond Landlord’s reasonable control, such as, for example, failure to provide utilities due to third party actions [e.g. Town damages lines during performance of work on Cambridge Street]), then if such abatement interruption or cessation shall only apply continue for a period of five (5) consecutive days after notice thereof from Tenant to Landlord that the Premises are untenantable, or reasonably inaccessible, or Tenant cannot conduct its business as a result thereof, then the Fixed Rent shall be proportionately abated for each successive day such interruption or cessation continues to the extent that Tenant’s operations in the Premises are adversely affected by such interruption (other than for reasons of casualty or eminent domain where the provisions of Article VII shall govern). For purposes of this Section, Landlord collects proceeds and Tenant hereby acknowledge and agree that if the Premises (or would portion thereof) is accessible by at least one passenger elevator, then the Premises (or such portion) will not be deemed “reasonably inaccessible” for the purposes hereof. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have collected had been completed. Except in case of emergency repairs, Landlord tendered such claim) under the policy will give Tenant reasonable advance notice of rental-loss insurance the cost of which has been included any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. The foregoing rights shall be Tenant’s sole and exclusive remedies for any interruptions described in Operating Expenses and the proceeds from which are allocable to the Premisesthis Section 5.2.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

Interruptions. It is understood that Except as otherwise expressly provided herein, Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from (a) power losses or shortages, or (b) the necessity of Landlord's entering the demised premises for any of the services referred to above purposes in this lease authorized, including without limitation, for repairing or altering the demised premises or any other services which portion of the Building or for bringing materials into and/or through the demised premises in connection with the making of repairs or alterations. In case Landlord may supply will be free is prevented or delayed from interruption. Tenant acknowledges that making any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary or furnishing any service or performing any other covenant or duty to be madeperformed on Landlord's part, by strikes or accidents, by reason of any cause reasonably beyond the reasonable control of Landlord's control, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services Landlord shall not be deemed an eviction (constructive liable to Tenant therefor, nor, except as expressly otherwise provided in Article VIII, shall Tenant be entitled to any abatement or otherwise) or disturbance reduction of Tenant’s use and possession of the Leased Premises or any part rent by reason thereof, nor render 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 demised premises. Landlord liable reserves the right to stop any service or utility system when necessary, in Landlord's reasonable opinion by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs (in which case Landlord shall give such notice as is reasonably practicable under the circumstances), Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, Landlord will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord agrees that if there is such a stoppage of such service or utility system for damages by abatement of Rent or otherwisemore than ten (10) business days, nor relieve and if Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to cannot reasonably conduct its business in the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, demised premises as a result of an interruption in any of the services required thereof, Fixed Rent shall thereafter xxxxx until such service or utility system is restored or Tenant is again able reasonably to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive conduct its business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premisesdemised premises.

Appears in 1 contract

Samples: Broadview Networks Holdings Inc

Interruptions. It is understood that Landlord does shall not warrant that be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord's entering the Premises for any of the services referred to above purposes authorized by this Lease or for repairing the Premises or any other services which portion of the Building or Lot. In case Landlord may supply will be free is prevented or delayed from interruption. Tenant acknowledges that making any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary improvements, or furnishing any service or performing any other obligation to be madeperformed on Landlord's part, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations reason of any federalcause, state, county or municipal authority. Any such interruption or suspension of services Landlord shall not be deemed an eviction (constructive liable to Tenant therefor, nor shall Tenant be entitled to any abatement or otherwise) or disturbance reduction of Tenant’s use and possession of the Leased Premises or any part rent by reason thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possiblegive rise to any claim by Tenant that such failure constitutes actual or constructive, (ii) iftotal or partial, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during eviction from the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restoredPremises; provided, however, that in the event such interruption if same is not due to Landlord’s the gross negligence or willful misconductmisconduct of Landlord, then or its agents, employees, contractors or invitees and Tenant's use of the premises is materially adversely affected by the interruption in an essential utility service for more than a 30 day consecutive period, Tenant shall be entitled, as its sole and exclusive remedy, to an equitable abatement of rent for each day after such abatement 30 day period that such interruption continues. 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. 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 inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such reasonable 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 only apply make reasonable efforts to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable avoid unnecessary inconvenience to the PremisesTenant by reason thereof.

Appears in 1 contract

Samples: Broadvision Inc

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Interruptions. It is understood that Landlord does not warrant that shall use reasonable efforts to remedy any interruption in the furnishing of the services referred and utilities to above be provided by Landlord. However, Landlord shall not be liable for any failure to provide or any reduction in any of said services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or to the Building, the installation of equipment, Acts of God or the elements, labor disturbances of any character, acts of terrorism or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one accidents or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause conditions whatsoever beyond the reasonable control of Landlord, or by orders rationing or regulations restrictions on the use of any federalsaid services and utilities due to energy shortages or other causes, state, county whether or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by above result from acts or omissions of Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in performing any repairs or improvements, Landlord shall use commercially reasonable efforts during normal business hours to minimize interference with Tenant’s use of the Premises. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. Notwithstanding the foregoing, in the event that (i) any interruption in the services or utilities provided by Landlord materially interferes with Tenant’s use of the Premises, (ii) such interruption is not due to Landlord’s negligence or willful misconductcondition shall continue for five (5) consecutive business days; and (iii) Tenant actually ceases using the portion of the Premises so affected as a result of such condition, then such abatement the Base Rent and Additional Rent shall only apply xxxxx with respect to the affected portion of the Premises (based on the extent Landlord collects proceeds (or would have collected had Landlord tendered such claimof the interference with Tenant’s use) under beginning the policy following day and continuing until the earlier of rental-loss insurance the cost of which date the condition has been included substantially remediated or Tenant commences using the Premises, except that in Operating Expenses the event of a casualty to the Building or the Premises, the Base Rent and Additional Rent shall xxxxx in accordance with the terms of paragraph 23 hereof. In addition, in the event that the interruption continues for more than ninety (90) consecutive days and the proceeds from which are allocable Tenant has ceased using the Premises as a result thereof for such period, Tenant shall have the right to terminate the PremisesLease.

Appears in 1 contract

Samples: Trulia, Inc.

Interruptions. It is understood that Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to However, notwithstanding the contraryforegoing, if the Premises is made untenantablePremises, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any material portion of the services required to be provided by Landlord pursuant to this Article 11Premises, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists are made untenantable for a period in excess of three five (35) consecutive business daysdays solely as a result of an interruption, diminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (a “Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Monthly Minimum Monthly Rent and additional Rent Tenant’s Proportionate Share of Operating Costs, Taxes and/or Insurance Costs payable hereunder during the period beginning on the fourth sixth (4th6th) consecutive business day of such interruption the Service Failure and ending on the day the utility or interrupted service has been restored; provided. If the entire Premises have not been rendered untenantable by the Service Failure, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such amount of abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premisesbe equitably prorated.

Appears in 1 contract

Samples: Office Lease (Sphere 3D Corp)

Interruptions. It is understood that Except as expressly provided in this Section 5.2, Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages any compensation or reduction of any amount due hereunder by abatement reason of Rent inconvenience or otherwiseannoyance or for loss of business arising from power losses or shortages, nor relieve Tenant or the loss or interruption of performance any other service to be provided hereunder, or from the necessity of TenantLandlord’s obligations under this Lease. Notwithstanding anything herein to the contrary, if entering the Premises for any of the purposes in this Agreement authorized, or for repairing the Premises or any portion of the Property. 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. Except in case of emergency repairs, Landlord will endeavor to give Tenant reasonable advance notice of any contemplated stoppage and in all events will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. If Tenant is made untenantableprevented from using, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, and as a result thereof actually does not use (other than for storage purposes), the Premises or any portion thereof because of an interruption in (i) the unavailability of any of the services required service to be provided by Landlord pursuant hereunder, or (ii) lack of access to this Article 11the Premises, then in each case for a period of at least five (i5) consecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability or lack of access, and such unavailability or lack of access was caused by Landlord’s negligence or intentional misconduct and it is within the reasonable control of Landlord shall use commercially reasonable good faith efforts to restore the same services or access, as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business daysapplicable, then TenantTenant shall be entitled, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Base Rent and additional Additional Rent payable hereunder during the period beginning on the fourth (4thother than Tenant’s costs of electricity and any fees, charges or expenses for services requested by Tenant and provided by Landlord) for each consecutive day (after such five (5) business day period) that Tenant is so prevented from using (and as a result thereof does not in fact use) all or such portion of the Premises. If less than the entire Premises is affected by such interruption in service, the Base Rent and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such Additional Rent abatement shall only apply to be prorated by a fraction, the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost numerator of which has been included in Operating Expenses shall be the rentable area of the portion of the Premises rendered unusable (and unused by Tenant) by the service or access interruption and the proceeds from denominator of which are allocable to shall be the rentable area of the entire Premises.

Appears in 1 contract

Samples: Lease Agreement (Quanterix Corp)

Interruptions. It is understood that Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein to the contrary, if the Premises Premises, or a material portion of the Premises, is made untenantable, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to this Article 11, then (i) Landlord shall use commercially reasonable good faith efforts to restore the same as soon as is reasonably possible, (ii) if, despite such commercially reasonable good faith efforts by Landlord, such interruption persists for a period in excess of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premises.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Interruptions. It is understood that Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by orders or regulations of any federal, state, county or municipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, nor render Landlord liable to Tenant for damages any compensation or reduction of rent by abatement reason of Rent inconvenience or otherwise, nor relieve Tenant annoyance or for loss of performance of Tenant’s obligations under this Lease. Notwithstanding anything herein business arising from power losses or shortages to the contraryBuilding or from the necessity of Landlord's entering the Premises, if the Premises is made untenantablesubject to Section 12.3, inaccessible or unsuitable for the ordinary conduct of Tenant’s business, as a result of an interruption in any of the services required to be provided by Landlord pursuant to proposes in this Article 11Lease authorized, then or for repairing the Premises or any portion of the Building or improvements on the Lot or within the Office Park, provided, however, (i) Landlord shall use commercially reasonable good faith efforts to restore remedy such losses or shortages as quickly as possible and (ii) Landlord, in making any such entry, repairs or improvements shall not materially interfere with Tenant's use and occupancy of the Premises. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord's part, by reason of any cause beyond Landlord's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article XIII hereof, 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. Landlord agrees to provide Tenant with reasonable advance notice prior to entering the Premises, except in the case of emergency. 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 that (i) the Landlord shall complete repairs as soon as is reasonably possible, possible and (ii) ifLandlord makes reasonable efforts to end the stoppage. Except in case of emergency repairs, despite such commercially Landlord will give Tenant reasonable good faith advance notice of any contemplated stoppage and will use reasonable efforts by Landlord, such interruption persists for a period in excess to avoid interference with Tenant's use and occupancy of three (3) consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Minimum Monthly Rent and additional Rent payable hereunder during the period beginning on the fourth (4th) consecutive business day of such interruption and ending on the day the utility or service has been restored; provided, however, that in the event such interruption is not due to Landlord’s negligence or willful misconduct, then such abatement shall only apply to the extent Landlord collects proceeds (or would have collected had Landlord tendered such claim) under the policy of rental-loss insurance the cost of which has been included in Operating Expenses and the proceeds from which are allocable to the Premises.

Appears in 1 contract

Samples: Lease and Termination Agreement (Netscout Systems Inc)

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