Utility Failure definition
Examples of Utility Failure in a sentence
External Utility Failure No relief for External Utility Failure should be required where the SPV is required to provide back-up arrangements and so this definition may require amendment on a project by project basis.
If Landlord does not timely commence cure, and Landlord's Utility Failure continues for a period of thirty (30) consecutive business days following Tenant's notice, Tenant may terminate this Lease by delivering written notice of such termination to Landlord.
To the extent that an Availability Failure or a Performance Failure: is the result of an Excusing Cause; or [is the result of an External Utility Failure,] the Authority shall not be entitled to make Deductions.
If Landlord fails to maintain the Utility Infrastructure as provided in Paragraph 4A such that Tenant's business in the Premises is materially and adversely affected (for purposes of this Section 8, "Landlord's Utility Failure"), Tenant shall notify Landlord of Landlord's Utility Failure.
If Landlord commences cure of Landlord's Utility Failure within three (3) business days after Tenant's notice, and thereafter diligently pursues cure, then beginning with the sixth (6th) consecutive business day of Landlord's Utility Failure, Tenant shall be entitled to a day of Rent abatement for that portion of the Premises materially and adversely affected by Landlord's Utility Failure for each day that such failure continues.
If Landlord's Utility Failure continues for a period of three (3) consecutive business days following Tenant's notice to Landlord, then Tenant shall thereafter be entitled to an equitable abatement of Rent until such failure is cured.