Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5. 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 VII, 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 but Landlord shall use reasonable and diligent efforts to correct the condition. 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, in any event, will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards.
Appears in 1 contract
Samples: Javelin Pharmaceuticals, Inc
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5Lot. 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 reasonable ’s control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided below or in Article VII7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, nor if any Building service is interrupted for a period of five (5) consecutive business days, due solely 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 provided that Landlord receives its Rent due from the rental interruption insurance which Landlord shall maintain throughout the same give rise to a claim in Tenant's favor that Term, and such failure constitutes actual or constructive total or partial, eviction from adversely and materially effects Tenant’s use of the Premises but for Tenant’s normal business operations, then there shall be an abatement on a square footage pro rata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord shall agrees to use its commercially reasonable and diligent efforts to correct 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 conditionactions 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, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves Except as set forth herein and in Article 7, the right to institute such policies, programs and measures as may foregoing rights shall be necessary, required Tenant’s sole remedy at law or expedient in equity 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 standardsinterruptions described in this Section 5.2.
Appears in 1 contract
Samples: Sublease (Demandware Inc)
Interruptions. Landlord shall not be liable to Tenant for any compensation in damages or by reduction of rent or otherwise by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power Landlord or other utility losses its agents or shortages, air pollution or contamination, or from the necessity of Landlord's employees entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing repairing, altering or improving the Premises or any portion Building in a manner reasonable in light of the Building or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5circumstances. In case Landlord is prevented or delayed from making any repairs, alterations repairs or improvements, replacements or furnishing any service services or performing any other covenant or duty to be performed on Landlord's part, part by reason of any cause reasonably beyond Landlord's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, 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 constructive, total or partial, eviction from the Premises but Premises. Landlord shall use reasonable promptly commence cure of such interruption to the extent possible and diligent efforts diligently pursue such cure to correct completion. If the conditionheating or air conditioning systems shall fail and Landlord reasonably decides that the circumstances warrant providing such services from other facilities within the Building, then Tenant shall pay the cost of such replacement services, as reasonably estimated by Xxxxxxxx, to or as directed by Xxxxxxxx on demand as additional rent. 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; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, repairs Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves If Tenant is unable to occupy the right Premises for more than three consecutive business days as a result of a stoppage of a service or utility system or a condition that results in a governmental order to institute vacate the Premises and such policiesstoppage or condition is not due to any act or omission of Tenant, programs and measures then rent hereunder shall xxxxx until such time as may be necessary, required such service or expedient for utility system is restored or such condition is remedied to the conservation or preservation of energy or energy services or as may be extent necessary or required to comply with applicable codes, rules, regulations or standardsbring the Premises back to a habitable condition.
Appears in 1 contract
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from (a) power or other utility losses or shortages, air pollution or contamination, or from (b) the necessity of Landlord's entering the Premises demised premises for any of the purposes in this Lease lease authorized, or including without limitation, for repairing or altering the Premises demised premises or any portion of the Building or for bringing materials into and/or through the Lot demised premises in connection with the making of repairs or for alterations. Landlord agrees to use reasonable efforts to restore any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5such service. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, 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 reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VIIVIII, 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 constructive, total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditiondemised premises. Landlord reserves the right to stop any service or utility system when necessary in Landlord's opinion 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, in any event, Landlord will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves agrees that if there is a stoppage of such service or utility system for more than ten (10) business days, and if Tenant cannot reasonably conduct its business in the right demised premises as a result thereof, Fixed Rent shall thereafter xxxxx until such service or utility system is restored or Tenant is again able reasonably to institute such policies, programs and measures as may be necessary, required or expedient for conduct its business in the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standardsdemised premises.
Appears in 1 contract
Samples: Lease (Harvardnet Inc)
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, shortages to the Building or from the necessity of Landlord's entering the Premises Premises, subject to Section 12.3, for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or improvements or the Lot or for Park, provided, however, (i) Landlord shall use reasonable efforts to remedy such losses or shortages as quickly as possible and (ii) Landlord, in making any interruption such entry, repairs or termination (by reason of any cause reasonably beyond Landlordimprovements shall not materially interfere with Tenant's control, including without limitation, loss of any applicable license or government approval) use and occupancy of the food service provided by Landlord pursuant to Section 5.1.5Premises. 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 VIIXIII 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 constructive, total or partial, eviction from the Premises. Landlord agrees to provide Tenant with reasonable advance notice prior to entering the Premises but Landlord shall use reasonable and diligent efforts to correct except in the conditioncase 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 reasonably possible and (ii) Landlord makes reasonable efforts to end the stoppage. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves interference with Tenant's use and occupancy of the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standardsPremises.
Appears in 1 contract
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from (a) power or other utility losses or shortages, air pollution or contaminationshortages that are not within Landlord’s reasonable ability to control, or from (b) the commercially reasonable necessity of Landlord's ’s entering the Demised Premises for any of the purposes set forth in this Lease authorizedLease, or including without limitation, for repairing or altering the Demised Premises or any portion of the Building as required or the Lot permitted by this Lease, or for any interruption bringing materials into and/or through the Demised Premises in connection with the making of repairs or termination (by reason of any cause alterations as the same may be reasonably beyond Landlord's controlnecessary; provided, including without limitationhowever, loss of any applicable license that Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant’s use or government approval) of occupancy of, or business operations in, the food service provided by Landlord pursuant to Section 5.1.5Demised Premises. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, improvements or furnishing any utility or service or performing any other covenant or duty to be performed on Landlord's part’s part (any such prevention, delay, interruption, suspension, or stoppage, an “Interruption”), by reason of any cause reasonably beyond Landlord's reasonable ’s control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in this Section 4(B) or Article VIIVIII, 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 ’s favor that such failure constitutes actual or constructive constructive, total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionDemised Premises. Landlord 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, which Landlord shall use diligent efforts to complete as soon as reasonably practicable. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, Landlord will use commercially reasonable efforts to avoid unnecessary inconvenience to Tenant Tenant, or unreasonable interference with Tenant’s business operations, by reason thereof. Notwithstanding anything in this Lease to the contrary, if (i) an Interruption shall occur as a result of the negligence or willful misconduct of Landlord, its agents, contractors, or employees or the failure by Landlord also reserves to perform its maintenance and repair obligations hereunder, except and to the right extent due to institute the negligence or willful misconduct of Tenant or Tenant’s agents employees, contractors or invitees, and (ii) such policiesInterruption continues for more than five (5) consecutive days after Landlord shall have received written notice thereof from Tenant, programs and measures (iii) as may a result of such Interruption, Tenant’s normal business operations in the Demised Premises are materially and adversely affected, then there shall be necessaryan abatement of one day’s Fixed Rent, required or expedient Tenant’s Share of Taxes (as defined below), and Tenant’s Share of Operating Expenses (as defined below) for each day such Interruption continues after such five (5) period; provided, however, if the entire Premises have not been rendered unusable for the conservation or preservation Permitted Use by the Interruption, the amount of energy or energy services or as may abatement shall be necessary or required to comply with applicable codes, rules, regulations or standardsequitably prorated.
Appears in 1 contract
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 Building, the Lot, or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5common facilities appurtenant thereto. 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 beyond Landlord's ’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, nor 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 ’s favor that such failure constitutes actual or constructive total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionPremises. Landlord reserves the right to temporarily stop any service or utility system when Landlord reasonably deems necessary by reason of accident or emergency or until necessary routine or other maintenance or repairs have been completed. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable laws, codes, rules, regulations or standards. Notwithstanding anything to the contrary contained in this Section 5.2, if the Premises are not suitable for Tenant’s business operations by reason of any interruption in services required to be provided by Landlord and (a) such interruption arises in whole or in substantial part from the negligent acts or omissions of Landlord, its employees, contractors, agents, or representatives and continues for twenty (20) consecutive days following notice from Tenant to Landlord specifying the interruption, or (b) such interruption occurs for any other reason, including for reasons beyond Landlord’s reasonable control, and continues for forty-five (45) consecutive days following notice from Tenant to Landlord specifying the interruption, then Tenant’s rent shall be equitably abated beginning on the twenty-first (21st) day or forty-sixth (46th) day following such notice, as applicable, to the extent of interference with Xxxxxx’s use of the Premises, until the service is restored; provided, however, Tenant shall not be entitled to the aforesaid rent abatement if the interruption arises in whole or in substantial part from the acts or omissions of Tenant or Tenant’s employees, contractors, agents, representatives, invitees or guests. The provisions of this paragraph shall not apply to occurrences governed by Article VII.
Appears in 1 contract
Samples: Cambridge Heart Inc
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's ’s control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5. 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 beyond Landlord's ’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, 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 ’s favor that such failure constitutes actual or constructive total or partial, eviction from the Premises but Premises. Landlord shall use reasonable and diligent efforts in case of power losses or shortages, air pollution or contamination by hazardous substances to restore the services required to be provided under this Lease. However, Xxxxxxxx agrees to use its best efforts to correct diligently remedy the conditionsituation and minimize the disruption to Xxxxxx’s business. 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 ease of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards.
Appears in 1 contract
Samples: Lightspace Corp
Interruptions. Except as otherwise set forth below in this Section 5.2, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5Lot. In case 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), 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 reasonable control’s control (expressly excluding Landlord’s financial inability), Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article III or Article VII, 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 ’s favor that such failure constitutes constitutes, actual or constructive constructive, total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionPremises. 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, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding any language to the contrary, 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, or if Landlord also reserves is performing a repair required of Landlord in or about the right Premises, and such interruption or repair renders the Premises untenantable, or any portion thereof is reasonably inaccessible by Tenant, or makes it impracticable for Tenant to institute conduct its business in the Premises, then if such policiesinterruption or cessation or repair shall continue for a period of three (3) consecutive days after notice thereof from Tenant to Landlord that the Premises are untenantable, programs or reasonably inaccessible, or Tenant cannot conduct its business as a result thereof, then the Base Rent and measures as may additional rent shall be necessaryproportionately abated for each successive day such interruption or cessation or repair continues based upon that certain portion of the Premises that are affected by such interruption (other than for reasons of casualty or eminent domain where the provisions of Article VII shall govern). Further, required or expedient Tenant shall be entitled to an abatement of Base Rent and additional rent for the conservation initial three (3) days if covered by Landlord’s loss of rents insurance. Except as set forth in this Section 5.2 or preservation of energy in Article VII, the foregoing rights shall be Tenant’s sole remedy at law or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standardsin equity for any interruptions described in this Section 5.2.
Appears in 1 contract
Samples: Entire Agreement (Green Mountain Coffee Roasters Inc)
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (Lot, provided that Landlord shall use reasonable efforts to avoid necessary inconvenience to Tenant by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5thereof. 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 VII, 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 but Landlord shall use reasonable and diligent efforts to correct the conditionPremises. 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, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by be reason thereof. Notwithstanding anything herein to the contrary, in the event that any service or utility system is interrupted and such interruption interferes materially with the use and occupation of the Premises by Tenant and such interruption continues due to Landlord's negligence for 30 consecutive days, Tenant shall be entitled, after notice to Landlord, to make the necessary repairs and to be reimbursed by Landlord for the reasonable costs incurred in connection with making such necessary repairs; provided, however, that nothing herein shall be deemed to afford Tenant any right to offset such costs against rent. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards.
Appears in 1 contract
Samples: Sublease Agreement (Sonoma Systems)
Interruptions. Except as otherwise set forth below in this Section 5.2, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 the Lot or for any interruption or termination (by reason of any cause reasonably beyond Lot. In case, notwithstanding Landlord's controldiligent efforts in connection therewith (which such efforts shall never obligate Landlord to pay for overtime and/or premium time work, including without limitationor to pay a premium for expedited delivery, loss of any applicable license or government approval) of the food service provided except as such additional costs are so authorized and paid for by Landlord pursuant to Section 5.1.5. In case Tenant), 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 reasonable controlcontrol (expressly excluding Landlord's financial inability), Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article VIIIII or Article VII or below in this Section 5.2, 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 constitutes, actual or constructive constructive, total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionPremises. 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, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves Notwithstanding any language to the contrary, in the event that any such interruption referenced above in this Section 5.2 continues for more than ninety (90) days, then the Fixed Rent and additional rent shall be proportionately abated for each successive day such interruption continues based upon that certain portion of the Premises that are materially unfit for the conduct of Tenant's business operations therein (other than for reasons of casualty or eminent domain where the provisions of Article VII shall govern). In addition, in the event that any such interruption continues for more than two hundred ten (210) successive days, and a material portion of the Premises remain materially unfit for the conduct of Tenant's business operations therein, other than for reasons of casualty or eminent domain where the provisions of Article VII shall govern, then Tenant shall have the right to institute cancel this Lease by giving written notice to Landlord and its mortgagee(s) (of which Tenant has received notice) of such policiescancellation, programs provided that at least ten (10) days prior written notice to Landlord and measures as sixty (60) days prior written notice to Landlord's mortgagee has been given (which such notice may be necessarygiven prior to or after the expiration of said two hundred and ten (210) day period, required unless within such ten (10) day period Landlord repairs or expedient restores such interruption as herein required, in which event such notice of cancellation from Tenant shall be rendered null and void and of no further force or effect. Notwithstanding anything to the contrary contained in this Section 5.2, Tenant shall not be entitled to any such abatement or reduction of rent or to --- any such right of termination if such interruption resulting in the Premises being materially unfit for Tenant's business operations therein is due to an Event of Default by Tenant as set forth in Section 9.1 hereof. Except as set forth in this Section 5.2 or in Article VII, the foregoing rights shall be Tenant's sole remedy at law or in equity 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 standardsinterruptions described in this Section 5.2.
Appears in 1 contract
Samples: Open Market Inc
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power or other utility losses or shortages, air pollution or contamination, 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 Premises, Building, or any portion of the Building or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5lot. 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 reasonable controlcontrol or in case Tenant's access to the Premises is limited by Landlord's repairs, alterations or improvements, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, 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 constructive, total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionPremises. 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, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards.
Appears in 1 contract
Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, injury, death annoyance or for loss of business arising from power cessation, interruption or other material diminishment of utility losses services (including, without limitation, electricity, gas, water or shortages, air pollution telecommunications) to the Premises or contamination, the Brighton Landing Condominium Common Elements (referred to herein as a “Utility Services Interruption”) or from the necessity of Landlord's ’s entering the Premises East Unit for any of the purposes in this Lease authorized, or for repairing the Premises or any portion East Unit, except to the extent that such losses are the result of the Building Landlord’s, or the Lot Landlord’s agents or for any interruption employees, gross negligence or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the food service provided by Landlord pursuant to Section 5.1.5willful misconduct. 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 beyond Landlord's ’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, 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 ’s favor that such failure constitutes actual or constructive total or partial, eviction from the Premises but Landlord shall use reasonable and diligent efforts to correct the conditionEast Unit. 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 repairsrepairs (in which case such notice as is practicable under the circumstances shall be provided), Landlord will give Tenant reasonable advance notice of any contemplated stoppage and, in any event, and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards. Notwithstanding the foregoing, in the event of any Utility Services Interruption, Landlord shall use commercially reasonable efforts to promptly restore such utility services. In the event that such Utility Services Interruption is caused by Landlord or Landlord’s agents, employees or contractors and such utility services are not restored to adequate levels within five (5) business days (excepting delays covered by force majeur), then Tenant shall be entitled to an equitable abatement of Annual Base Rent commencing on the sixth (6th) business day and continuing until such services are restored, which equitable abatement shall be reasonably related to the extent that the Tenant’s use of the Premises is diminished as a result of such Utility Service Interruption, and this shall be the Tenant’s sole and exclusive remedy at law or in equity.
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Samples: Lease Agreement (AMICAS, Inc.)