Common use of Interruptions Clause in Contracts

Interruptions. Landlord shall not be liable for any damages directly or indirectly resulting from the interruption in any of the services described above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required above. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding the foregoing, in the event that any interruption or discontinuance of services provided by Landlord pursuant to Section 14(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicable.

Appears in 2 contracts

Samples: Office Lease Agreement (Turo Inc.), Office Lease Agreement (Turo Inc.)

AutoNDA by SimpleDocs

Interruptions. Landlord shall does not be liable for any damages directly or indirectly resulting from the interruption in warrant that any of the services described referred to above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any right 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 terminate this Lease 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 evictioneviction or disturbance of Tenant’s use and possession of the Premises, constructive or actual. any part thereof, nor render Landlord shall use reasonable efforts liable to furnish uninterrupted services as required aboveTenant 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) and any other applicable existing or future Law ), permitting the termination of this Lease due to an such interruption, failure or inability to provide any servicesinability. Notwithstanding the foregoing, in if the event that any interruption or discontinuance of services provided by Landlord pursuant to Section 14(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond service for five (5) Business Days after continuous business days prevents Tenant from operating its business from the date Premises and is caused by the negligence or willful misconduct of delivery Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of from the sixth business day after such interruption or disturbance Tenant ceases doing business in discontinuance commences until the Premises or any material portion thereof, Base Rent date on which the affected service is restored. Landlord shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s exercise reasonable control, Landlord agrees to use reasonable efforts diligence to restore such interrupted or discontinued any service as soon as reasonably practicableso interrupted.

Appears in 2 contracts

Samples: Office Lease, Office Lease (RingCentral Inc)

Interruptions. Landlord shall not be liable to Tenant for any damages directly compensation or indirectly resulting reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the interruption in necessity of Landlord's entering the Premises for any of the services described abovepurposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. After the Commencement Date, 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 in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall any the same give rise to a claim in Tenant's favor that such interruption entitle Tenant to any abatement of Rent (except as set forth below) failure constitutes, actual or any constructive, total or partial, eviction from the Premises. Landlord reserves the right to terminate this Lease stop any service or be deemed an evictionutility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs, constructive or actual. Landlord shall will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to furnish uninterrupted services as required above. avoid unnecessary inconvenience to Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure or inability to provide any servicesby reason thereof. Notwithstanding the foregoing, in after the event Commencement Date, if a total interruption that any interruption or discontinuance of services provided by Landlord pursuant to Section 14(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not has been caused in any way by the act negligence or omission willful misconduct of Tenant Landlord, or Tenant’s employees, agents, invitees or contractors), by construction of improvements (iias opposed to repairs) continues beyond five for more than thirty (530) Business Days after consecutive business days, Tenant shall be allowed to xxxxx the date Rent by 50% for the pro rata portion of delivery of written notice from Tenant to Landlord, (iii) materially the month in which the interruption takes place and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicablecontinues.

Appears in 2 contracts

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

Interruptions. Landlord Any interruption or discontinuance of utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be liable for any damages directly deemed an eviction or indirectly resulting from the interruption in any disturbance of Tenant’s use and possession of the services described abovePremises, or any part thereof, nor shall any such interruption entitle render Landlord liable to Tenant to any for damages by abatement of the Rent (except as set forth below) or any right to terminate otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required aboveLease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and or any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure such interruption or inability to provide any servicesdiscontinuance. Notwithstanding the foregoing, in the event that if any interruption or discontinuance of the utilities or services provided described in Section 7.A above is caused primarily by Landlord pursuant to Section 14(a) above (i) was within the reasonable control negligence or willful misconduct of Landlord to prevent or correct (and was not caused in any way by the act its agents or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of correcting such interruption or disturbance Tenant ceases doing business in the Premises or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent discontinuance is within Landlord’s reasonable control, Landlord agrees and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant’s written notice thereof to use reasonable efforts Landlord, and Tenant is unable to restore conduct and does not conduct any business in a material portion of the Premises as a result thereof, then Tenant shall be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such interrupted fifteen (15) business day period and terminate upon the cessation of such interruption or discontinued service 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 soon as reasonably practicableapplicable), or (y) in whole or in part by the negligence or willful misconduct of Tenant or any other Tenant Parties.

Appears in 1 contract

Samples: Office Lease (Conceptus Inc)

Interruptions. Landlord shall does not be liable for any damages directly represent or indirectly resulting from the interruption in warrant that any of the services described referred to above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any right to terminate this Lease or other services which Landlord may supply, will be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required above. free from interruption and Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding the foregoing, in the event acknowledges that any interruption one or discontinuance more of such services provided may be suspended by Landlord pursuant reason of accident, repairs, inspections, alterations or improvements necessary to Section 14(a) above (i) was within be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord to prevent Any interruption, reduction or correct (and was discontinuance of service shall not caused in any way by the act be deemed an eviction or omission disturbance of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date use and possession of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion 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 service so interrupted. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using all or any portion of the Premises for the conduct of business as a result of an “Abatement Event” which means any failure by Landlord to provide any utility or service required to be provided by Landlord where the means for providing such utility or service is in Landlord’s direct control (as contrasted with a utility provider’s failure to provide utilities), and the Abatement Event continues for a period of five (iv5) on account consecutive business days after Tenant gives written notice thereof to Landlord (“Eligibility Period”), then Tenant’s rent shall be reduced after the expiration of the Eligibility Period, for such interruption or disturbance time that Tenant ceases doing business continues to be so prevented from using such portion of the Premises in the Premises or any material proportion that the square footage of the portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To which Tenant is prevented from using, and does not use, bears to the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicabletotal square footage of the Premises.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Interruptions. Landlord Any interruption or discontinuance of utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be liable for any damages directly deemed an eviction or indirectly resulting from the interruption in any disturbance of Tenant's use and possession of the services described abovePremises, or any part thereof, nor shall any such interruption entitle render Landlord liable to Tenant to any for damages by abatement of the Rent (except as set forth below) or any right to terminate otherwise, nor relieve Tenant from performance of Tenant's obligations under this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required aboveLease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and or any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure such interruption or inability to provide any servicesdiscontinuance. Notwithstanding the foregoing, in the event that if any interruption or discontinuance of the utilities or services provided described in Section 7.A above is caused primarily by Landlord pursuant to Section 14(a) above (i) was within the reasonable control negligence or willful misconduct of Landlord to prevent or correct (and was not caused in any way by the act its agents or omission of Tenant or Tenant’s employees, agentsand correcting such interruption or discontinuance is within Landlord's reasonable control, invitees and such interruption or contractors), discontinuance continues for fifteen (ii15) continues beyond five (5) Business Days or more consecutive business days after the date of delivery of Tenant's written notice from Tenant thereof to Landlord, (iii) materially and adversely affects Tenant’s ability Tenant is unable to conduct and does not conduct any business in the Premises, or any a material portion of the Premises as a result thereof, then Tenant shall be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such fifteen (iv15) on account business day period and terminate upon the cessation of such interruption or disturbance Tenant ceases doing business in 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 misconduct of Tenant or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as other Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicableParties.

Appears in 1 contract

Samples: Sublease (Aerohive Networks, Inc)

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 damages directly compensation or indirectly resulting reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the interruption in necessity of Landlord’s entering the Premises for any of the services described abovepurposes in this Lease authorized, nor 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 any such interruption entitle 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 (except as set forth below) or rent by reason thereof. Notwithstanding any right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required above. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination terms of this Lease due to an interruptionthe contrary, failure or inability to provide if any services. Notwithstanding the foregoing, in the event that any interruption or discontinuance Building service is interrupted for a period of services provided by Landlord pursuant to Section 14(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after consecutive business days due to the date negligence or willful acts of delivery of written notice from Tenant to Landlord, its agents, servants, employees, contractors or subcontractors (iii) and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially and adversely affects effects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account use of such interruption or disturbance Tenant ceases doing business in the Premises or any material portion thereoffor Tenant’s normal business operations, Base then there shall be an abatement on a square footage prorata basis of Fixed Rent shall xxxxx proportionatelyand additional rent from and after said time period, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or until such portion thereofservices are restored. To the extent within Landlord’s reasonable control, Landlord agrees to use its commercially reasonable efforts to restore such interrupted or discontinued service services as soon as reasonably practicablepossible. 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.

Appears in 1 contract

Samples: Lease (Demandware Inc)

AutoNDA by SimpleDocs

Interruptions. Except as otherwise provided in this Lease, Landlord shall not be liable for any damages directly or indirectly resulting from the interruption in any of the services described above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required above. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding the foregoing, in the event that any interruption or discontinuance of services provided by Landlord pursuant to Section 14(a) above (i) is caused by the negligence or willful misconduct of any Landlord Party or was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or any a material portion thereof, Base Rent and Additional Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicable.

Appears in 1 contract

Samples: Office Lease Agreement (On24 Inc)

Interruptions. Landlord shall not be liable for any damages directly or indirectly resulting from the interruption in any of the services described above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required above. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure or inability to provide any services. Notwithstanding the foregoing, in the event that any interruption or discontinuance of services provided by Landlord pursuant to Section 14(a15(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days business days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or any material such portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day business day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord agrees to use reasonable efforts to restore such interrupted or discontinued service as soon as reasonably practicable.

Appears in 1 contract

Samples: Office Lease Agreement (Velti PLC)

Interruptions. Landlord Any interruption or discontinuance of utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be liable for any damages directly deemed an eviction or indirectly resulting from the interruption in any disturbance of Tenant’s use and possession of the services described abovePremises, or any part thereof, nor shall any such interruption entitle render Landlord liable to Tenant to any for damages by abatement of the Rent (except as set forth below) or any right to terminate otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services as required aboveLease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) and or any other applicable existing or future Law permitting the termination of this Lease due to an interruption, failure such interruption or inability to provide any servicesdiscontinuance. Notwithstanding the foregoing, in the event that if any interruption or discontinuance of the utilities or services provided described in Section 7.A above is caused primarily by Landlord pursuant to Section 14(a) above (i) was within the reasonable control negligence or willful misconduct of Landlord to prevent or correct (and was not caused in any way by the act its agents or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and (iv) on account of correcting such interruption or disturbance Tenant ceases doing business in the Premises or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent discontinuance is within Landlord’s reasonable control, Landlord agrees and such interruption or discontinuance continues for ten (10) or more consecutive Business Days after Tenant’s written notice thereof to use reasonable efforts Landlord, and Tenant is unable to restore conduct and does not conduct any business in a material portion of the Premises as a result thereof, then Tenant shall 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 interrupted ten (10) Business Day period and terminate upon the cessation of such interruption or discontinued service 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 soon as reasonably practicableapplicable), or (y) in whole or in part by the negligence or willful misconduct of Tenant or any other Tenant Parties.

Appears in 1 contract

Samples: Office Lease (Intersil Corp/De)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!