Common use of Restoration of Services; Abatement Clause in Contracts

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, except as expressly stated in this Lease, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. If, however, Tenant is prevented from using the Premises because of the unavailability of any such service for a period of ten (10) consecutive Business Days (or three (3) consecutive Business Days, in the case of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord to provide access to the Premises) following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Building, then Tenant shall, as its exclusive remedy be entitled to an abatement of Rent as to the portion of the Premises that Tenant is prevented from using for each consecutive day from the date of such interruption that Tenant is so prevented from using such portion of the Premises. If Landlord is unable to provide the parking contemplated, and such unavailability was not caused by a Tenant Party, then Landlord shall use reasonable efforts to provide alternative parking in the immediate area as set forth in Exhibit G, but shall not have a right to any abatement of Basic Rent or Operating Expense Rent, if such alternative parking is not provided. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord to provide access to the Premises in each case for a period of 90 Days following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability or lack of access was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Building, then Tenant may terminate this Lease by delivering written notice to Landlord within fifteen (15) days following the expiration of such 90-Day period.

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, except as expressly stated in this Lease, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentenceremainder of this paragraph, entitle Tenant to any abatement of Tenant’s 's obligations hereunder. IfIf there is a failure to provide electricity, howeverchilled air, Tenant is prevented from using water and/or sewer service to the Premises because which makes a material portion of the unavailability of any such service for a period of ten Premises Untenantable (10) consecutive Business Days (or as hereinafter defined), then Landlord shall have three (3) consecutive Business Days, in the case of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord business days within which to provide access such interim services as are necessary to remedy the Premises) following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Building, then Tenant shall, as its exclusive remedy be entitled to an abatement of Rent as to the portion of the Premises that Tenant is prevented from using for each consecutive day from the date of such interruption that Tenant is so prevented from using such portion of the Premisesproblem. If Landlord is unable fails to provide the parking contemplated, and remedy such unavailability was not caused by a Tenant Party, then Landlord shall use reasonable efforts to provide alternative parking in the immediate area as set forth in Exhibit G, but shall not have a right to any abatement of Basic Rent or Operating Expense Rent, if such alternative parking is not provided. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of the services listed in Section 6(a)(1), problem within three (2), (53) or a failure of Landlord to provide access to the Premises in each case for a period of 90 Days following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability or lack of access was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Buildingbusiness days, then Tenant may terminate this Lease undertake to provide such interim services for itself by delivering written notice temporary generators, temporary chillers, port-o-lets and/or bottled water, and Landlord shall cooperate in the provision of temporary services; provided that Tenant may not assume control of repairs necessary to Landlord within fifteen (15) days following provide a long-term repair of the expiration problem, and that Tenant may xxxxx the payment of Basic Rental for the period of time during which the Premises are Untenantable if the failure or interruption of services is not due to the failure or interruption of services by a public or other third party utility provider. Also, Xxxxxxxx agrees to use diligent efforts to restore the delivery of such 90services or to cause the utility company(ies) to restore such service(s). Landlord will reimburse Tenant for Tenant's reasonable costs incurred in supplying and/or operating temporary generators, temporary chillers, port-Day periodo-lets and/or bottled water for the Premises if the failure or interruption of services is not due to the failure or interruption of services by a public utility or other third party utility provider. The term "UNTENANTABLE" shall mean the condition whereby Tenant's use or enjoyment of the Premises or such portion thereof is disrupted to the degree that Tenant's employees cannot reasonably use such space for the uses permitted in this Lease.

Restoration of Services; Abatement. Landlord shall use ---------------------------------- reasonable efforts to restore any service required of it that becomes unavailable; however, except as expressly stated in this Lease, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentencebelow, entitle Tenant to any abatement of Tenant’s 's obligations hereunder. If, however, Tenant is prevented from using the Premises for more than 15 consecutive business days because of the unavailability of any such service for a period of ten (10) consecutive Business Days (or three (3) consecutive Business Days, in the case of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord to provide access to the Premises) following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Building, then Tenant shall, as its exclusive remedy be entitled to an a reasonable abatement of Rent as to the portion of the Premises that Tenant is prevented from using for each consecutive day from the date of (after such interruption 15-day period) that Tenant is so prevented from using such portion of the Premises. If Landlord is unable to provide the parking contemplated, and such unavailability was not caused by a Tenant Partyinterruption continues for more than 15 business days, then Landlord shall use reasonable efforts within thirty (30) days after such interruption provide to provide alternative parking Tenant a written report prepared by a contractor or architect located in Houston, Texas selected jointly by Landlord and Tenant setting forth an estimate of time required to restore such services. To the extent such interruption is not capable of being cured by Landlord (in the immediate area as opinion of the contractor or architect) within 180 days (or if such interruption is due to Tenant's negligence or wilful misconduct, and is not capable of being cured by Landlord (in the opinion of the contractor or architect) within 210 days), then Tenant, at its option may, in addition to the remedies set forth in Exhibit G, but shall not have a right to any abatement of Basic Rent or Operating Expense Rent, if such alternative parking is not provided. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord to provide access to the Premises in each case for a period of 90 Days following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability or lack of access was not caused by a Tenant Party, governmental directive, or failure of the utility to provide service to the Building, then Tenant may preceding sentence terminate this Lease and all of its obligations for the remaining balance of the Term of this Lease with respect only to the portion of the Premises so affected by delivering such interruption and non-use by giving written notice of such termination to Landlord within fifteen thirty (1530) days following after receipt of the expiration opinion of the contractor or architect that the interruption can not be cured by Landlord within the time period set forth above. Failure to give such notice within such periods shall be deemed to be a waiver thereof by Tenant for all purposes. If Tenant shall elect to terminate this Lease as provided above, the Basic Rent and any and all other Rent payable by Tenant to Landlord hereunder shall be apportioned and paid up to the date of such 90-Day periodtermination, except as otherwise abated as permitted under the terms hereof but not otherwise.

Restoration of Services; Abatement. Landlord shall use commercially reasonable efforts to restore any service required of it under Section 6.(a) that becomes unavailable; however, except as expressly stated in this Lease, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, warranty or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. If, however, Tenant is prevented from using In the Premises because event (i) any one or more of the unavailability of any such service for a period of ten following services: heating, ventilation, air conditioning, electrical service, elevator service, water and plumbing services (10the “Essential Services”“) consecutive Business Days (or three (3) consecutive Business Days, in the case of the services listed in Section 6(a)(1)is not provided, (2), (5ii) or a the failure of Landlord to provide access to the Premises) following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability was Essential Services is not caused by a Tenant PartyTenant, governmental directive, or (iii) the failure of the utility to provide such Essential Services is not a result of curtailment of service generally affecting the portion of Dallas in which the Building is located and (iv) the failure to the Building, then Tenant shall, as its exclusive remedy be entitled to an abatement of Rent as to the provide such Essential Service(s) renders all or a portion of the Premises that Tenant is prevented from using Untenantable (as defined below) for each a continuous period of three consecutive day from the date business days after Tenant’s delivery of notice of such interruption failure to provide Essential Service(s) to Landlord then, as Tenant’s sole and exclusive remedy for such failure and until such Essential Service(s) is/are restored, (i) the Rent (other than parking charges payable by Tenant to Landlord pursuant to Exhibit I, hereinafter called “Parking Rental”), with respect to that Tenant is so prevented from using such portion of the PremisesPremises rendered Untenantable, shall xxxxx from and after the expiration of the foregoing three business day period; and (ii) Parking Rental shall xxxxx from and after the expiration of the foregoing three business day period, for a pro rata portion of the Parking Spaces (as such terms are defined in Exhibit I) then leased by Tenant (such pro rata portion to be equal to the ratio of (A) the number of square feet of Net Rentable Area of the Premises rendered Untenantable, divided by (B) the total number of square feet of Net Rentable Area then leased by Tenant) but only to the extent Tenant does not use such Parking Spaces. If In addition, Landlord is unable to provide the parking contemplated, and such unavailability was not caused by a Tenant Party, then Landlord shall will use commercially reasonable efforts to provide alternative parking keep Tenant informed as to the progress of reestablishing the failed service. As used herein, “Untenantable“ means a condition whereby Tenant is not reasonably able to use the Premises or a portion thereof for the conduct of its business in the immediate area as set forth manner a reasonably comparable to customary practices of comparable tenants in Exhibit GComparable Buildings, such as, but shall not have limited to, a right to any abatement condition involving the material impairment or denial of Basic Rent or Operating Expense Rent, if such alternative parking is not provided. Notwithstanding the foregoing, if Tenant is prevented from using the Premises because of the unavailability of the services listed in Section 6(a)(1), (2), (5) or a failure of Landlord to provide access to the Premises in each case for or a period of 90 Days following Landlordportion thereof. In addition, Tenant’s receipt from Tenant of a written notice regarding such unavailability and such unavailability or lack of access was not caused by a Tenant Party, governmental directivefailure to occupy the Premises, or failure of any portion thereof, shall not mean that the utility to provide service to the Building, then Tenant may terminate this Lease by delivering written notice to Landlord within fifteen (15) days following the expiration of Premises or such 90-Day periodportion necessarily are Untenantable.