Common use of Restoration of Services Clause in Contracts

Restoration of Services. Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages (including consequential damages) caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations hereunder. Notwithstanding the foregoing, if Tenant is precluded from using, and does not use and occupy, the Premises (or a portion thereof) because the Premises are untenantable for a period in excess of fifteen (15) consecutive days after Landlord receives written notice of same from Tenant as a result of the unavailability of such services, then, provided such untenantability did not result from the negligence or willful misconduct of Tenant or any Tenant Party, the Rent (or a pro-rated portion thereof if only a portion of the Premises is untenantable) shall be abated on a per diem basis for the period of time commencing on the sixteenth (16th) day following receipt of the notice by Landlord until such time as Tenant reoccupies, or is able to reoccupy, the Premises or such portion thereof, as applicable. Notwithstanding the foregoing, the parties acknowledge that Tenant's right under this paragraph shall not be an exclusive remedy of Tenant but Landlord shall not be liable to Tenant for any unavailability of services unless same is solely caused by the intentional acts or gross negligence of Landlord.

Restoration of Services. Abatement. Landlord shall use reasonable efforts to restore any service required of it under Section 7.(a) that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages (including consequential damages) caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warrantywarrant, or or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant's obligations hereunder. Notwithstanding the foregoingIf, if Tenant however, Xxxxxx is precluded prevented from using, and does not use and occupy, using the Premises (or a portion thereof) for more than 25 consecutive business days because the Premises are untenantable for a period in excess of fifteen (15) consecutive days after Landlord receives written notice of same from Tenant as a result of the unavailability of any such servicesservice and such unavailability was not caused by a Tenant Party, thenthen Tenant shall, provided as its exclusive remedy he entitled to a reasonable abatement of Rent for each consecutive day (after such untenantability did 25-day period) that Tenant is so prevented from using the Premises. Landlord shall have no obligation to restore any electrical service that becomes unavailable to the Premises and such unavailability shall not result from the render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty or entitle Tenant to any abatement of Tenant's obligations hereunder unless caused by Landlord's gross negligence or willful misconduct of Tenant or any Tenant Party, the Rent (or a pro-rated portion thereof if only a portion of the Premises is untenantable) shall be abated on a per diem basis for the period of time commencing on the sixteenth (16th) day following receipt of the notice by Landlord until such time as Tenant reoccupies, or is able to reoccupy, the Premises or such portion thereof, as applicable. Notwithstanding the foregoing, the parties acknowledge that Tenant's right under this paragraph shall not be an exclusive remedy of Tenant but Landlord shall not be liable to Tenant for any unavailability of services unless same is solely caused by the intentional acts or gross negligence of Landlordmisconduct.

Restoration of Services. Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages (including consequential damages) caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations hereunder. Notwithstanding any other provision to the foregoingcontrary set forth in this Lease, if Tenant is precluded from using, and does not use and occupy, the Premises shall lack any electrical or HVAC service which Landlord is required to provide hereunder (thereby rendering the Premises or a portion thereofthereof "untenantable" [as hereinafter defined]) because the Premises are untenantable for a period in excess of fifteen ten (1510) consecutive business days after Landlord receives Landlord's receipt of written notice of same from Tenant as of such condition, then provided that (i) such untenantability and Landlord's inability to cure such condition does not arise out of or result from default or neglect of Tenant or Tenant's agents, employees or contractors, or is not due to a result governmental directive, and (ii) Tenant actually vacates all of the unavailability of such servicesPremises, then, provided such untenantability did not result from as the negligence or willful misconduct of Tenant or any Tenant Party, the Rent (or a pro-rated portion thereof if only a portion of the Premises is untenantable) shall be abated on a per diem basis for the period of time commencing on the sixteenth (16th) day following receipt of the notice by Landlord until such time as Tenant reoccupies, or is able to reoccupy, the Premises or such portion thereof, as applicable. Notwithstanding the foregoing, the parties acknowledge that Tenant's right under this paragraph shall not be an sole and exclusive remedy of Tenant but Landlord on account thereof, Basic Rent and other Rent amounts payable hereunder shall thereafter be equitably abated until the date such service is substantially restored. The provisions of this subsection (c) shall not be liable to Tenant for any unavailability apply in the event of services unless same is solely caused a fire, other Casualty or a Taking, or other event governed by the intentional acts provisions of Sections 14 and/or 15 hereof. For purposes of this Lease, the terms "untenantable" and "untenantability" shall mean that the Premises, or gross negligence any portion of Landlordthe Premises, as the case may be, are not, despite Tenant's commercially reasonable good faith efforts, usable by Tenant in the ordinary course of Tenant's business.

Restoration of Services. Abatement. Landlord shall use reasonable efforts to promptly restore any service required of it that becomes unavailable; however, absent Landlord's gross negligence, such unavailability shall not render Landlord liable to Tenant for any damages (including consequential damages) caused thereby, and in any event (i) shall not be a constructive eviction of Tenant, (ii) shall not constitute a breach of any implied warranty, or or, (iii) except as provided in the next sentence, shall not entitle Tenant to any abatement of Tenant's obligations hereunder. Notwithstanding the foregoingIf, if Tenant is precluded from using, and does not use and occupyhowever, the Premises (or a any substantial portion thereofthereof in either Building) are rendered substantially untenantable because the Premises are untenantable for a period in excess of fifteen (15) consecutive days after Landlord receives written notice of same from Tenant as a result of the unavailability of any such servicesservice, thenor if the Premises (or any substantial portion thereof in either Building) are not reasonably accessible, provided for a period of five (5) consecutive business days following Landlord's receipt from Tenant of a written notice regarding such untenantability did unavailability (regardless of the cause and regardless of force majeure), . and such unavailability or inaccessibility was not result from caused by the gross negligence or willful misconduct of Tenant or any a Tenant Party, the Rent (or a pro-rated portion thereof if only a portion of the Premises is untenantable) shall be abated on a per diem basis for the period of time commencing on the sixteenth (16th) day following receipt of the notice by Landlord until such time as then Tenant reoccupies, or is able to reoccupy, the Premises or such portion thereofshall, as applicableits exclusive remedy, be entitled to a reasonable abatement of Rent for each consecutive day (after such 5-business day period) that Tenant is so prevented from using the Premises. Notwithstanding the foregoing, the parties acknowledge that Tenant's right under this paragraph shall not be an exclusive remedy of Tenant but Landlord shall not be liable to Tenant for any unavailability of services unless same is solely caused by the intentional acts or gross negligence of Landlord.(d)