Common use of Interruptions Clause in Contracts

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, 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 power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except Notwithstanding anything to the extent caused bycontrary contained in this Lease, Landlord reserves the right, without liability to Tenant and without it being deemed a default hereunder or a constructive eviction, to stop or interrupt any Building System(s) or Building Service(s) at such times as may be reasonably necessary and for as long as may reasonably be required by reason of the making of alterations and/or repairs in or to the Real Property or any portion thereof, or arising out ofone or more Events of Force Majeure. Landlord shall have no liability to Tenant as a result of any such stoppage or interruption (but Landlord shall use commercially reasonable efforts to promptly restore any interrupted Building System or Building Service, and, in scheduling any such interruption, shall use commercially reasonable efforts not to unreasonably interfere with Tenant’s operations in the Premises). Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any Building System or Building Service and the cause or cure of such interruption is within Landlord’s reasonable control (herein called a “Landlord Controlled Interruption”), and such interruption is not due to any negligence or willful misconduct of Landlord, its agents, employees by Tenant or contractorsany Tenant Party, and subject to Section 10.13, (b) such 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 power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (Controlled Interruption materially and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects interferes with Tenant’s use of the Premises (or a portion thereof) during Business Hours for more than seven (7) consecutive Business Days after Tenant delivers written notice thereof to Landlord, then during the period of time such condition continues beyond such seventh (7th) consecutive Business Day, Tenant shall be entitled to an equitable abatement of Rent for all or the affected portion of the Premises, as applicable. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the cessation of such Landlord Controlled Interruption or (ii) Tenant’s normal business operationsre-commencement of use of all or the affected portion of the Premises, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time periodas applicable, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to for the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours operation of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2business therein.

Interruptions. Except Landlord does not represent or warrant that any of the services referred to the extent caused byabove, or arising out ofany other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the negligence or willful misconduct reasonable control of Landlord. Any interruption, its agents, employees reduction or contractors, and subject to Section 10.13, Landlord discontinuance of service shall not be render Landlord liable to Tenant for damages (except as otherwise specifically provided in this Lease) or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any compensation service so interrupted. Notwithstanding the foregoing, if any essential services to be supplied by Landlord under this Lease are interrupted, and such interruption has resulted from an act or reduction omission of rent by reason Landlord and as a result of inconvenience such cessation of service, the Premises, or annoyance a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use or for loss gain reasonable access to the Premises, or such material portion thereof, in the normal course of business arising from power losses or shortages or from the necessity its business) and Tenant provides written notice of such interruption to Landlord’s entering the Premises for any , Tenant shall be entitled to an abatement of a proportionate share of the purposes in this Lease authorizedMonthly Base Rent, or for repairing allocable to the Premises or any affected material portion of the Building or Lot. In case Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction the cessation of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors)such service, and ending on the date such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such essential services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, 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 power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in authorized by this Lease authorized, or for repairing the Premises or any portion of the Premises, Building or Lot. In case Lot as herein provided, in such case, notwithstanding Landlord’s diligent efforts in connection therewith (which such efforts shall never obligate Landlord 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), if 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 reasonably beyond Landlord’s controlcontrol (expressly excluding Landlord’s financial inability), Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7VII or below in this Section 5.2, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease , nor shall the same give rise to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by claim in Tenant, its agents, servants, employees, contractors or subcontractors), and ’s favor that such failure adversely and materially effects Tenant’s use of constitutes, actual or constructive, total or partial, eviction from the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restoredPremises. Landlord agrees to shall use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any interrupted services, regardless of the cause of loss of such interruption is due to the actions of Tenant or its employees or agents as aforesaidservice. 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’s use and occupancy of the Premises. Notwithstanding any language to the contrary, if due to any act or omission on the part of Landlord, its agents, employees or contractors, 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 untenantable, or any portion thereof is reasonably inaccessible by reason Tenant or makes it impracticable for Tenant to conduct its business in the 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 its business as a result thereof, then the Fixed Rent and additional rent shall be proportionately abated for each successive day such as conducting interruption or cessation continues based upon that certain portion of the same outside Premises that are affected by such interruption (other than for reasons of casualty or eminent domain where the regular business hours provisions of TenantArticle VII shall govern). Except as set forth herein and in this Section 5.2 or in Article 7VII, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the any interruptions described in this Section 5.2.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord's reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant's written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct 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 purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, 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 reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any an abatement or reduction of rent by reason thereof. Notwithstanding any terms Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of this Lease to the contrary, if any Building service is interrupted for a period first day after the expiration of four such fifteen (415) business days due day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant's business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any interruption or discontinuance described in this paragraph that is caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. 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 other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption or discontinuance continues for ten (10) or more consecutive Business Days after Tenant’s written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct 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 purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, 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 reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to an abatement of Monthly Rent and Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such ten (10) Business Day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any abatement interruption or reduction of rent discontinuance described in this paragraph that is caused (x) by reason thereof. Notwithstanding any terms of this Lease to the contrarydamage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, if any Building service is interrupted for a period of four as applicable), or (4y) business days due to in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. 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 other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, 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 power and other utility losses or shortages or from and shortages, the necessity of Landlord’s 's entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or LotProperty however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service services or performing any other covenant or duty to be performed on Landlord’s 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant thereforetherefor, nor, except as expressly otherwise provided below or in Article Section 7. 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. Notwithstanding any terms Upon reasonable prior notice (except in the event of this Lease emergency constituting an imminent threat to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence persons or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractorsproperty), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident or emergency emergency, or until necessary repairs have been completed. Except , provided, however, that in case each instance of emergency repairsstoppage or interruption, Landlord will give Tenant shall exercise reasonable advance notice of diligence to minimize any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except The foregoing provisions hereof to the contrary notwithstanding, in the event any power or other utility failure or service failure (other than office cleaning) which is an obligation of Landlord under this Lease (including failure of elevator service and failure to repair any structural element of the Building which Landlord is obligated to repair hereunder) results in Tenant's inability to conduct its business on the Premises substantially as set forth herein permitted hereunder (herein, a "Shutdown"), and in Article 7the event such Shutdown continues for more than fifteen business days or for more than five consecutive business days (in each case) in any calendar year, then the foregoing rights Annual Fixed Rent hereunder shall be Tenant’s sole remedy at law or abated for each additional business day in equity such calendar year during which such Shutdown continues. Further, if a Shutdown continues for twelve consecutive months, Tenant shall have the interruptions described in right thereafter, by written notice given to Landlord while such Shutdown continues, to terminate this Section 5.2Lease.

Interruptions. Except Landlord shall have no liability to the extent caused byTenant for failure of any services to be provided hereunder for any reason including, but not limited to, repairs, replacements or improvements, by any strike, lockout or other labor trouble, by any accident, casualty or event arising out offrom any cause whatsoever, the except in cases of negligence or willful misconduct of Landlord, its agentsemployees, employees agents and contractors or contractorsLandlord’s breach of its obligations under this Lease, and subject to Section 10.13, Landlord such failures shall not be liable deemed to Tenant for any compensation constitute an eviction or reduction disturbance of rent by reason Tenant’s use and possession 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 purposes in this Lease authorized, or for repairing the Premises or relieve Tenant from the obligation of paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if there is a failure or disruption of any service that is caused by Landlord’s failure to have properly completed the Landlord Work or because Landlord or its agent, contractor or employee is negligent or Landlord has failed to perform its obligations under this Lease, and if, as a result, (i) access to any portion of the Building or Lot. In case Landlord Premises is prevented or delayed from making any repairs, alterations or improvementsdenied, or furnishing any service (ii) the health or performing any other covenant or duty to be performed on Landlord’s part, by reason safety of any cause reasonably beyond Landlordpermitted occupant of the Premises is threatened, or (iii) Tenant’s control, Landlord shall not be liable ability to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to conduct business from the contrary, if any Building service Premises is interrupted adversely affected for a period of four (4) business days due three consecutive days, then Tenant shall be entitled to receive an abatement of Rent during the negligence or willful acts period beginning on the 4th consecutive day and ending on the day the service has been restored. If the entire Premises has not been so affected by the service failure, the amount of Landlord, its agents, servants, employees, contractors or subcontractors (and not due the abatement that Tenant is entitled to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use receive shall be fairly allocated based upon the area of the Premises for that is so affected. If Landlord fails to correct such failure or disruption as provided above, such failure shall be a default hereunder and, in addition to Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described remedies provided in this Section 5.26.4 and in Section 16, if, after notice to Landlord’s mortgagee, the service is not restored and for a period of 60 consecutive days (i) access to any portion of the Premises is denied, or (ii) the health or safety of any permitted occupant of the Premises is threatened, or (iii) Tenant’s ability to conduct business from the Premises is adversely affected, then Tenant may terminate this Lease by written notice given to Landlord anytime after the 60th day but prior to the day that the service is fully restored.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant’s written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct 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 purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, 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 reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any an abatement or reduction of rent by reason thereof. Notwithstanding any terms Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of this Lease to the contrary, if any Building service is interrupted for a period first day after the expiration of four such fifteen (415) business days due day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any interruption or discontinuance described in this paragraph that is caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. 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 other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except Notwithstanding anything to the contrary contained in this Lease, Landlord reserves the right, without liability to Tenant and without it being deemed a default hereunder or a constructive eviction, but, to the extent caused byreasonably practical, upon reasonable prior notice, to stop or interrupt any Building System(s) or Building Service(s) at such times as may be necessary and for as long as may reasonably be required by reason of the making of alterations and/or repairs in or to the Real Property or any portion thereof, or arising out ofone or more Events of Force Majeure. Landlord shall have no liability to Tenant as a result of any such stoppage or interruption (but Landlord shall use commercially reasonable efforts to promptly restore any interrupted Building System or Building Service and to minimize interference with Tenant’s normal operations). Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any Building System or Building Service and the cause or cure of such interruption is within Landlord’s reasonable control (a “Landlord Controlled Interruption”), and such interruption is not due to any negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to by 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 purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Tenant Party, (b) such Landlord is prevented or delayed from making any repairsControlled Interruption materially, 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects interferes with Tenant’s use of the Premises (or a portion thereof) during Business Hours for more than five (5) consecutive Business Days after Tenant delivers written notice thereof to Landlord, and (c) Tenant actually does not use all or the affected portion, if applicable, of the Premises for the operation of Tenant’s normal business operationstherein, then there during the period of time such condition continues beyond such fifth (5th) consecutive Business Day, Tenant shall be entitled to an equitable abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time periodfor all or the affected portion of the Premises, until as applicable. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the cessation of such services are restored. Landlord agrees to Controlled Interruption or (ii) Tenant’s re-commencement of use its commercially reasonable efforts to restore such services of all or the affected portion of the Premises, as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to applicable, for the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours operation of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2business therein.

Interruptions. Except Landlord does not warrant that any of the services referred to the extent caused byabove, or arising out ofany other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, its agentsrent shall be abated or be reduced, employees or contractorsin the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, and subject to Section 10.13, 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 power losses or shortages or from the necessity of Landlord’s entering sixth business day after such interruption or discontinuance commences until the Premises for any of date on which the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building affected service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially shall exercise reasonable efforts diligence to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2so interrupted.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, 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 power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. 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 reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of four five (45) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, 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 power losses or shortages or from the necessity of Landlord’s 's entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. 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 's part, by reason of any cause reasonably beyond Landlord’s landlord's control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease , nor shall the same give rise to the contrary, if any Building service is interrupted for a period of four (4) business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by claim in Tenant, its agents, servants, employees, contractors or subcontractors), and 's favor that such failure adversely and materially effects Tenant’s use of constitutes actual or constructive, total or partial, eviction from the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaidPremises. 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 or material inconvenience to Tenant by reason thereof. Provided, however, in the event of any interruption in the Building Services described in Exhibit C from a cause or event within the reasonable control of Landlord which interruption renders the Premises or any portion thereof untenantable for normal office usage, then, from a date five business days following Landlord's receipt of notice of such as conducting interruption of services until the same outside the regular business hours resumption of Tenant. Except as set forth herein and in Article 7such services, the foregoing rights rent payable hereunder shall be Tenant’s sole remedy at law or in equity equitably reduced, as reasonably determined by Landlord, to the extent that the Premises are so untenantable for normal office usage. Notwithstanding anything to the interruptions described contrary in this Section 5.2, if such interruption continues for 30 days, Tenant shall have the right to terminate this Lease, provided, however, if Landlord is diligently pursuing resumption of such services, Tenant shall have the right to terminate this Lease only if such interruption continues for 90 days from the date of receipt by Landlord of notice thereof and only with respect to such portion of the Premises rendered untenantable.

Interruptions. Except Landlord does not represent or warrant that any of the services referred to the extent caused byabove, or arising out ofany other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the negligence reasonable control of Landlord Any interruption, reduction or willful misconduct discontinuance of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any compensation or reduction service so interrupted. Notwithstanding any contrary provision of rent by reason of inconvenience or annoyance or for loss of business arising this Lease, if Tenant is prevented from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises using all or any portion of the Building Premises for the conduct of business as a result of an “Abatement Event” which means any failure by Landlord to provide any utility or Lot. 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 required to be performed on provided by Landlord where the means for providing such utility or service is in Landlord’s partdirect control (as contrasted with a utility provider’s failure to provide utilities), by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to and the contrary, if any Building service is interrupted Abatement Event continues for a period of four five (45) consecutive business days due after Tenant gives written notice thereof to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors Landlord (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors“Eligibility Period”), and such failure adversely and materially effects then Tenant’s use rent shall be reduced after the expiration of the Eligibility Period, for such time that Tenant continues to be so prevented from using such portion of the Premises for Tenant’s normal business operations, then there shall be an abatement on a in the proportion that the square footage prorata basis of Fixed Rent the portion of the Premises which Tenant is prevented from using, and additional rent from and after said time perioddoes not use, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due bears to the actions total square footage of Tenant or its employees or agents as aforesaid. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Premises.