Tenantability Clause Samples

Tenantability. In the event of any interruption of services to the Premises, including without limitation, any HVAC (as defined below), electrical, mechanical or plumbing services (hereinafter, the “Services”), which interruption is not caused by Force Majeure occurrences (as defined in Section 26.2 of the Original Lease), or by repairs or replacements in the Building that Landlord is required to perform under the terms and conditions of the Lease and other leases of the Property (hereinafter, the “Interruption”), and which Interruption continues for a period in excess of five (5) consecutive business days, all basic Monthly Rent and Additional Rent shall be abated form and after the fifth (5th) consecutive business day in proportion to the amount of the Premises rendered untenantable due to the interruption. In the event the Interruption continues for a period in excess of sixty (60) consecutive business days, Tenant may, upon written notice to Landlord, elect to terminate this Lease. In the event that the heating, ventilating and air conditioning system serving the Building (the “HVAC”) should fail to operate for any reason within the reasonable control of Landlord, Tenant shall notify Landlord in writing of such failure to operate. Landlord shall have a reasonable period of time, which in no event shall exceed thirty (30) days, to cure such failure to operate (or to commence to cure such failure to operate, if curing such failure to operate will reasonably take more than thirty (30) days.) In the event that Landlord fails (i) to cure or commence to cure such failure to operate within a reasonable time following Landlord’s receipt of Tenant’s notice, or (ii) to complete such cure within a reasonable time following Landlord’s receipt of Tenant’s notice, then Tenant may, upon further written notice to Landlord, elect to cure such failure of the HVAC to operate, and may thereafter ▇▇▇▇ Landlord for the reasonable cost of such cure; provided, however, that if Landlord responds to Tenant’s notice and informs Tenant of the nature of the HVAC problem and the probable timetable for repair or cure, Tenant may not effect any repairs to the HVAC system or cure such failure to operate and ▇▇▇▇ Landlord therefor as provided above, unless and until Landlord fails to repair the HVAC system within the time period provided for in Landlord’s response to Tenant.