Material Interference definition
Examples of Material Interference in a sentence
In the event that Tenant is prevented from using, and does not use, all of any portion of the Premises because of Material Interference (as defined below), Tenant shall immediately give Landlord written notice of same.
Service Failure as a result of Force Majeure, Casualty, and/or Tenant’s fault shall never constitute a Material Interference, In the event that Tenant is unable to conduct its business for forty five (45) or more consecutive calendar days at the Premises and notwithstanding any contrary terms herein, Tenant shall be permitted to terminate this Lease without penalty or costs.
To the extent a Material Interference is caused by an event covered by Articles XII or XIII, Tenant’s right to ▇▇▇▇▇ rent shall be governed by the terms of such Articles, as applicable.
Notwithstanding anything to the contrary contained herein, under no circumstances shall the term Material Interference include any event to the extent caused in whole or in part by Tenant or Tenant’s employees, agents, contractors, representatives, successors, assignees, subtenants, licensees or invitees.
Notwithstanding the foregoing sentence, if the Material Interference is not due to the actions, omissions, or negligence of any Landlord Party, then Rent will not ▇▇▇▇▇; provided that if any such Material Interference continues for more than 270 days (which may be extended for Force Majeure up to 30 days), then Tenant may terminate this Lease on 30 days’ notice, provided that such termination will be null and void if the Material Interference is cured within such 30-day period.
The Parties shall (a) cooperate in good faith in resolving Material Interference issues, including, without limitation, by collaborating within twenty-four (24) hours of first discovery of the Material Interference, and (b) bear the expense of their Representative’s participation in the same.
Notwithstanding the foregoing, Landlord shall use all commercially reasonable efforts to obtain the maximum available benefit of the Loss Rental Insurance required to be carried by Landlord in Section 16.03, and despite the time periods stated above, the amount of Tenant’s Monthly Base Rent shall be reduced by the net proceeds actually received by Landlord under such Loss Rental Insurance attributable to the Premises regardless of the cause of the Material Interference Event.
Once it has been determined with reasonable certainty whose equipment or operations are causing the Material Interference, NextG, shall immediately shut down the service of the interfering party except for intermittent testing, which shall be coordinated with all parties, required to resolve the Material Interference.
Tenant shall promptly notify Landlord in writing upon the occurrence of an Event of Material Interference with such notice specifying the work, condition or disruption causing the event and the scope, time and date of such event.