Untenantability definition

Untenantability means that Tenant shall not be reasonably able to use and occupy, or to have access to, the Premises or such applicable portion thereof for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so. As used herein, the term “Essential Services” shall mean, in each case to the extent of Landlord’s obligation to provide such service under this Lease, (i) access to the Premises, (ii) HVAC, (iii) use of one (1) or more elevators in the Building, (iv) electricity, (v) parking, (vi) water and (vii) sewer/septic service.

Untenantability means that, for at least three (3) consecutive days following written notice to Landlord of such condition, due to Landlord’s negligent interruption or willful interruption of Essential Services, as defined below, Tenant shall not be reasonably able to use and occupy or to have access to the Premises, or a portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so and Tenant does not use or occupy the same during said period. As used herein, “Essential Services” shall mean the following services: access to the Premises, HVAC, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease.

Untenantability means with respect to the Premises, that the same cannot reasonably be used by Tenant for the normal conduct of its business and in accordance with applicable Laws, for any reason whatsoever, including (without limitation) by reason of the condition of the Premises, or lack of or material impairment to access, electricity, HVAC, sewer or water service.

Examples of Untenantability in a sentence

• For purposes of this Article 11, “Substantially All of the Improvements” shall be deemed to have been taken if, by reason of the taking of title to or possession of the Premises or any portion thereof, by one or more Condemnation Actions, an Untenantability Period exists, or is reasonably expected to exist, for longer than one (1) year.

• The determination of whether the Premises can be rebuilt, repaired and/or reconfigured in order to remedy such Untenantability Period within such time shall be made within sixty (60) days of the date of such taking (or conveyance) by an independent architect mutually selected by the Authority and StadCo.

• The Fair Board shall have no liability to Bristol for Losses for Untenantability Period(s) due to a Casualty; provided, however, that (i) Bristol reserves its right to recover from insurance policies that may provide coverage for Losses in connection with a Casualty or arising out of an Untenantability Period due to a Casualty, and (ii) the foregoing waiver shall not apply to claims Bristol may have against any Persons other than Metro.

• For purposes of this Section 15, “Substantially All of the Improvements” shall be deemed to have been taken if, by reason of the taking of title to or possession of the Premises or any portion thereof, by one or more Condemnation Actions, an Untenantability Period exists, or is reasonably expected to exist, for longer than one (1) year.

• The determination of whether the Premises can be rebuilt, repaired and/or reconfigured in order to remedy such Untenantability Period within such time shall be made within sixty (60) days of the date of such taking (or conveyance) by an independent architect mutually selected by the Fair Board and Bristol.

More Definitions of Untenantability

Untenantability means that the average temperature readings of the Affected Area are either (i) less than or equal to sixty-five (65) degrees Fahrenheit, or (ii) equal to or greater than seventy-six (76) degrees Fahrenheit.

Untenantability means that (1) the Premises, or any material portion thereof, cannot be used and occupied as intended by Tenant in the normal course of Tenant's business in compliance with applicable laws and in fact is not so occupied and used by Tenant or (2) pedestrian access to and from the Building and the Premises is so materially and adversely affected as a result of snow and ice, temporary closures, a failure of security card systems or by any other circumstances, whether foreseen or not that as a result thereof the Premises, or any portion thereof, cannot be used and occupied as intended by Tenant in the normal course of Tenant's business and in fact is not so occupied and used by Tenant.

Untenantability means the extent to which Tenant is actually unable to, and actually does not, use any or all of the demised premises (other than a de minimis portion thereof) for the substantially normal conduct of its business.

Untenantability means with respect to the Premises or the premises of any other tenant (or any portion of either), that the same cannot reasonably be used and occupied by Tenant or such other tenant (as applicable) in the ordinary and normal course of its business with no material adverse disruption in work environment and in accordance with applicable Laws, for any reason whatsoever, including (without limitation) by reason of: (a) the condition of the Premises (or such other premises, as applicable), (b) lack of or material impairment to access, electricity, HVAC or water service, and (c) any failure of the air quality in the Premises (or such other premises, as applicable) to comply with applicable Laws, except that the Premises shall in no event be deemed to have become Untenantable by reason of an interruption of elevator service, so long as elevator service is being provided by: (x) four (4) or more of the passenger elevators serving the Low-Rise Floors Premises, (y) four (4) or more of the passenger elevators serving the Mid-Rise Floors Premises, and (z) one (1) freight elevator serving the entire Premises; provided however, that Tenant shall have the following rights and remedies (each of which shall be exercisable by Tenant regardless of whether or not Tenant actually uses or occupies any portion of the Premises for conduct of its business or any other purpose, but which shall be without duplication of each other) in the event that:

Untenantability means that the entire Premises are not occupied by Tenant in the normal course of its business, except that the Premises shall not be deemed untenantable if there are present in the Premises a limited number of employees of Tenant who are performing activities such as securing the Premises and removing files and computers.

Untenantability means that, for at least three (3) consecutive days following written notice to Landlord of such condition, due

Untenantability means that the Premises, or any portion thereof, cannot reasonably be (i) Occupied by Tenant (including Occupancy for supporting and ancillary uses), and is not so occupied by Tenant or (ii) accessed by Tenant, and, in either case, such condition was not primarily caused by Tenant or its employees. The Premises, or any portion thereof, may be determined to be Untenantable, regardless of whether or not a Reduction of Services has occurred.