Common use of Interruption of Service Clause in Contracts

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operations.

Interruption of Service. Tenant understands(a) Landlord reserves the right to curtail, acknowledges suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and agrees that: (i) Tenant shall be responsible for other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the maintenance and repair of any and all Building, or other portions of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities Property, provided Tenant has one reasonable means of access to the Building not otherwise owned or maintained by the applicable utility provider; (ii) Premises at all times, without thereby incurring any one or more of the Utilities may be interrupted liability to Tenant, when necessary by reason of accident, accident or emergency, or other causesfor repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) restored by Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by within Landlord’s negligent control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwiseother compensation, nor any direct, indirect or relieve consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from the obligation to pay Rental and otherwise perform prompt fulfillment of any of its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operations.

Interruption of Service. Tenant understandsLandlord reserves the right to curtail, acknowledges suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and agrees that: (i) Tenant shall be responsible for other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the maintenance and repair of any and all Building, or other portions of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities Property, without thereby incurring any liability to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted Tenant, when necessary by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying such services or use due to any willful misconduct, neglect or breach hereof on the part of Tenant or Tenant’s agents, employees or contractors or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. Notwithstanding anything to the contrary contained herein, if any Utilities may not be reasonably available on account essential services (such as HVAC, electricity, water, passenger elevators if necessary for reasonable access to the Premises, etc.) supplied by Landlord are interrupted rendering a material portion of energy shortages the Premises untenantable, or for any other reason beyond if a material portion of the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction Premises are rendered untenantable in whole or in partpart as a result of a default by Landlord, a constructive eviction, contamination of the Premises, Building or Property, or entitle Tenant to any abatement other cause, and such untenantability does not result in whole or diminution of Rental, or relieve Tenant in part from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business daysbreach hereof on the part of Tenant, its employees, contractors, or agents, Tenant shall be entitled to free Rental from an equitable abatement of Basic Rent beginning on the day a material portion of the Premises were first rendered untenantable in whole or in part. The abatement shall end of when tenantability is restored by Landlord and Tenant is able to use the entire Premises to conduct its business operations therein. During any such five (5) business day period until untenantability, Landlord shall use commercially reasonable efforts to restore the date restored to a point that permits Tenants’ normal operationsservices and render the entire Premises tenantable.

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and that Landlord shall not be responsible liable for all other mains and conduits furnishing utilities failure to supply any such heating, air conditioning, elevator or janitor services or electric current during any period when Landlord uses reasonable diligence to supply such services or current. It is understood that Landlord reserves the Building not otherwise owned right to temporarily discontinue such services, or maintained by the applicable utility provider; (ii) any one of them, or more of the Utilities such current at such time as may be interrupted necessary by reason of accident, emergencyunavailability of employees, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) or whenever by reason of strikes, lockouts, riots, acts of God or any other happening beyond the control of Landlord. Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by to persons or property for any such discontinuance, nor shall such discontinuance in any way be construed as eviction of or cause an abatement of rent or otherwise, or relieve Tenant from the obligation operate to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve release Tenant from any of the Tenant's obligations under this Lease hereunder. Landlord's obligation to furnish services or impose current shall be conditioned upon the availability of adequate energy sources from the public utility companies then servicing the downtown area of the City and County of Denver. Landlord shall have the right to reduce heating, cooling or lighting within the Leased Premises and in the public areas in the Building as required by any liability mandatory or voluntary fuel or energy program. Landlord shall have the right to enter upon Landlord the Leased Premises at all reasonable times after reasonable oral notice in order to make such repairs, alterations or its agents by reason adjustments as shall be necessary in order to comply with the provisions of inconvenience any mandatory or annoyance to Tenant voluntary fuel or injury to energy saving allocation or interruption of Tenant's business similar statute, regulation or otherwiseprogram. Notwithstanding the foregoingforegoing provisions of this Section 7.03, Base Rent shall be abated as provided below in the case Landlord fails to provide a service which Landlord has agreed to provide under this Section 7.02, if (i) the provision of the interruption of Utilities the service is caused by within the reasonable control of Landlord’s negligence, willful misconduct or default and is not restored within five (5ii) if such interruption continues for seven (7) consecutive business days, and (iii) as a result of such interruption Tenant is not able to use the Leased Premises (or the affected portion thereof) for the operation of Tenant’s business. In the event of the occurrences of the foregoing, the Base Rent for the Leased Premises (or, if only a portion of the Leased Premises is affected, prorated for such portion) shall be entitled to free Rental from abated commencing on the end of such five eighth (58th) business day period of such disruption until the date restored to a point that permits Tenants’ normal operationsservice in question has been restored.

Interruption of Service. Tenant understandsLandlord reserves the right to curtail, acknowledges suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and agrees that: (i) Tenant shall be responsible for other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the maintenance and repair of any and all Building, or other portions of the mains and conduits furnishing the Utilities located Property, without thereby incurring any liability to Tenant, when necessary or advisable, in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted Landlord’s commercially reasonable judgment, by reason of accident, accident or emergency, or other causesfor repairs, alterations, replacements or improvements necessary or advisable, in Landlord’s commercially reasonable judgment, or may when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s Agents, invitees or independent contractors or any person claiming by, through or under Tenant or by Force Majeure. No diminution or abatement of Basic Rent or Additional Rent, nor any direct, indirect or consequential damages shall be disconnected or diminished temporarily until certain repairsclaimed by Tenant as a result of, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Landlord shall use commercially reasonable efforts to minimize interruption of Tenant’s business. Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this ARTICLE 9 shall not be deemed a constructive construed as an eviction or disturbance of Tenant's right , actual or constructive, nor entitle Tenant to possessionan abatement of Basic Rent or Additional Rent, occupancy and use of nor render the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwisein damages, or relieve nor release Tenant from the obligation to pay Rental and otherwise perform prompt fulfillment of any of its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operations.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7.1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord’s reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant’s obligation to pay Rent, Base Rent and additional rent required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and all Tenant’s obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsLaw.

Interruption of Service. In no event shall Landlord be liable to Tenant understands, acknowledges and agrees that: (i) Tenant shall be responsible for any interruption or failure in the maintenance and repair supply of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by Demised Premises. Landlord reserves the applicable utility provider; right, upon reasonable prior notice (ii) any one or more except in the event of an emergency), to interrupt service of the Utilities may be interrupted heat, elevator, plumbing, air conditioning, cooling, electric, and sewer and water systems, when necessary, by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain of repairs, alterations or improvements can which in the judgment of Landlord are desirable or necessary to be made; (iii) Landlord makes no representation , until such repairs, alterations or warranties as to the uninterrupted availability of such Utilitiesimprovements shall have been completed; and (iv) Landlord shall have no responsibility or liability for failure to supply heat, plumbing, air conditioning, cooling, electric, and sewer and water service, or other service or act for the benefit of Tenant, when prevented from so long as the interruption is not caused doing by strikes, accidents or by any other causes beyond Landlord’s negligent or willful misconductreasonable control, or default by orders or regulations of any federal, state, county, or municipal authority, or by any failure to receive suitable fuel supply, or inability despite exercise of reasonable diligence to obtain the regularly-used fuel or other suitable substitute; and Tenant agrees that Tenant shall have no claim for damages nor shall there be any abatement of Base Annual Rent in the event that any of said systems or service shall be discontinued or shall fail to function for any reason. Despite the foregoing, in the event that as a result of Landlord’s gross negligence or intentional misconduct (i) the services to be provided by Landlord under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of furnished for more than three (3) consecutive business days, and (ii) Tenant's right , in its reasonable business judgment, determines that it is unable to possession, occupancy use and use of occupy the Building or Real Estate Demised Premises (or any part thereof) as a result thereof, or render Landlord liable to then the Base Annual Rent, and Additional Rent under Sections 4(c)(ii) and 5(a) hereof, that Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation is obligated to pay Rental hereunder shall xxxxx with respect to that part of the Demised Premises which Tenant does not use and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring occupy, commencing on the fourth (4th) such service business day until the date on which such services and utilities are restored, unless the failure to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities furnish such services and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by LandlordTenant’s negligence, willful misconduct acts or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsomissions.

Interruption of Service. Tenant understandsLandlord reserves the right to stop the Building Systems when reasonably necessary, acknowledges and agrees that: provided, however, that (i) Landlord give Tenant shall be responsible for the maintenance as much notice as reasonably possible in connection with any interference with or disruption of and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert take all reasonable efforts to limit minimize interference with the length Building Systems that service Tenant's computer rooms or the related chillers, and (ii) Landlord shall give Tenant advance notice of any such interruption; interruption of services when reasonably possible, and shall restore such services as soon as practical and in a manner so as to cause as little interference with Tenant's use of the Premises as is practical and Landlord shall cooperate perform such work before or after Tenant's business hours when reasonably possible. In addition, Landlord reserves the right to limit services or utilities serving the Premises or the Building, in compliance with Tenant the requirements or requests of federal, state or local governmental agencies or utilities suppliers in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire reducing energy or other accident or emergencyresources consumption and to make all alterations to the Real Property reasonably necessary therefor. Any such actions by Landlord under this Section 18.3, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services provided for herein (unless caused by reason of governmental regulations, civil commotion, strike Landlord's gross negligence or riot, fire or other accident or emergency, willful misconduct) shall not (a) constitute an actual or constructive eviction construction eviction, in whole or in part, or (b) entitle Tenant to any abatement or diminution of RentalBase Rent or Additional Charges, or (c) relieve Tenant from any of Tenant's its obligations under this Lease or (d) impose any liability upon on Landlord or its agents by reason of inconvenience or annoyance to Tenant or by reason of injury to or interruption of Tenant's business business, or otherwise. Notwithstanding Tenant hereby waives and releases its right to terminate this Lease under Section 1932(1) and Sections 1941 and 1942 of the foregoingCalifornia Civil Code or any other similar laws, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct statutes or default and is not restored within five (5) business days, ordinances now or hereafter in effect. Tenant shall be entitled cooperate reasonably with any voluntary energy conservation program initiated by Landlord in cooperation with the efforts of federal, state or local governmental agencies or utilities suppliers in reducing the consumption of energy or other resources. In the event of an interruption in, or failure or inability to free Rental from provide any of the end services or utilities described in Section 18.1 (a "Service Failure"), such Service Failure shall not, regardless of such five (5) its duration, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability of consequential damages or loss of business day period until the date restored by Tenant or, except as provided herein, entitle Tenant to a point that permits Tenants’ normal operationsan abatement of rent or to terminate this Lease.

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant shall Landlord does not warrant that any service or any equipment used in connection with the services stated herein will be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises free from interruptions and Landlord shall be responsible for all other mains and conduits furnishing utilities reserves the right to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities temporarily discontinue such service as may be interrupted necessary by reason of accidentrepairs, emergencyrenewals or improvements, by strike, lockout or other causeslabor controversies, accidents, inability to obtain fuel, steam, water or may be disconnected supplies, governmental regulations, any accident or diminished temporarily until certain repairscasualty whatsoever, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, act or default under this Lease any of Tenant or other persons or other causes beyond the reasonable control of Landlord. No such interruption of service shall not be deemed a constructive an eviction or disturbance of Tenant's right to possession, occupancy use and use possession of the Building or Real Estate Leased Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any performance of Tenant's obligations under this Lease Lease, nor shall Tenant be entitled to diminution or impose any liability upon Landlord or its agents abatement of Rent by reason of inconvenience the unavailability of said service. Tenant hereby waives and releases all claims against Landlord for damages for interruption or annoyance stoppage of service. Should service to Tenant be interrupted due to Landlord's negligent or injury willful act or failure to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within act for five (5) consecutive business days or longer, Base Rent shall be abated on a per diem basis for the period and to the extent that Tenant is unable to utilize the Leased Premises due to the unavailability of air conditioning, water, heat or electricity. Notwithstanding anything contained herein to the contrary, except when Landlord is prevented from so delivering said service by any cause beyond Landlord's reasonable control or by laws, orders or regulations of any federal, state, county or municipal authorities, should service to Tenant be interrupted for one hundred eighty (180) consecutive days, Tenant may, upon thirty (30) days' prior written notice to Landlord, terminate this Lease, provided that Rent shall be entitled to free Rental from the end of such five (5) business day period until paid through the date restored such service was interrupted. Landlord shall not be obligated to a point that permits Tenants’ normal operationsprovide any services other than those expressly set forth above. The foregoing notwithstanding, if Landlord provides any additional work or services requested by Tenant or provides any unusual amount of the work or services provided (including service furnished outside any stipulated hours), Tenant shall pay Landlord, as Additional Rent hereunder, at rates as Landlord may from time to time establish.

Interruption of Service. Tenant understandsExcept as otherwise provided herein, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall not be responsible liable and Rent shall not xxxxx for all interruptions to, without limitation, the telephone, plumbing, heating, ventilation, air conditioning, elevator, electrical or other mains and conduits furnishing utilities to the Building not otherwise owned mechanical systems or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted cleaning services, by reason of accident, emergency, repairs, alterations, improvements or other causesshortages or lack of availability of materials or services. At any time during the term of this Lease, any utilities or services may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) conserved by Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by without abatement of rent or otherwiseother expenses if undertaken by Landlord as required by any governmental agency or in a reasonable effort to reduce energy or other resource consumption, provided that no such efforts to reduce energy or other resource consumption shall reduce Tenant’s rights under this Lease nor hinder or adversely affect Tenant’s ability to use of the Leased Premises for its stated purposes. Notwithstanding anything to the contrary set forth herein, in the event that Tenant is prevented from using, and does not use, the Leased Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or relieve Tenant which Landlord failed to perform, applicable to the Leased Premises and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the obligation Leased Premises or the parking facilities servicing the Leased Premises; or (ii) any wrongful failure to pay Rental provide services, utilities or ingress to and otherwise perform its covenants under egress from the Leased Premises as required by this Lease. Landlord shall Lease (any such set of circumstances as set forth in items (i) through (ii), above, to be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. known as an “Abatement Event”), then Tenant shall give Landlord reasonable notice Notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities such Abatement Event, and shall exert all reasonable efforts to limit the length of any if such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or Abatement Event continues for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) consecutive business daysdays after Landlord’s receipt of any such notice, or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a notice as required pursuant to this Lease of each such Abatement Event) (in either of such events, the “Eligibility Period”), then the Base Rent and all Additional Rent (other than (a) Additional Rent due in connection with Sound Stage services provided pursuant to Section 9.3, below, or (b) charges for Additional Services which Tenant elects to incur after the Eligibility Period) and Tenant’s obligation to pay for parking (to the extent not actually utilized by Tenant) shall be entitled abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to free Rental be so prevented from using, and does not use, the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsLeased Premises, or any portion thereof.

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction liable for any interruption whatsoever in utility services, whether or disturbance of Tenant's right to possessionnot furnished by Landlord, occupancy and use of the Building or Real Estate or any part thereof, or render nor for interruptions in utility services furnished by Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent which are due to Landlord’s negligence fire, accident, strike, acts of God or intentional misconduct other causes beyond the control of Landlord or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing which are necessary or useful in connection with making any alterations, repairs or improvements that will likely result in an interruption improvements. None of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, interruptions shall constitute an actual or constructive eviction eviction, in whole or in part, nor shall any such interruption entitle Tenant to any abatement or diminution of Rent. Without limiting the generality of the foregoing, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by any utility or service provider is no longer available or suitable for Tenant's requirement, and no such failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of RentalRent. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or relieve Tenant from any governmental regulation permitting the termination of Tenant's obligations under this Lease due to an interruption, failure or impose inability to provide any liability upon Landlord or its agents by reason services. Notwithstanding the provisions of inconvenience or annoyance Section 15.2 but subject to Tenant or injury to Articles XVIII and XIX, if any failure or interruption of Landlord's services required to be provided under this Lease, due to Landlord's negligence or intentional misconduct (a "Service Interruption"), renders the Premises (or a part of the Premises) untenantable or inaccessible, and the Premises (or the untenantable or inaccessible portion thereof) are not used by Tenant for more than three (3) consecutive business days (the "Eligibility Period"), then Base Rent abates proportionately commencing on the next day after the last day of the Eligibility Period and continuing for the period that the Premises or the applicable portion thereof are rendered untenantable or inaccessible and are not used by Tenant's business . In order to be eligible for an abatement under this Section 15.2, Tenant must, within three (3) days after the last day of the Eligibility Period, provide Landlord written notice (the "Service Interruption Notice") of (1) the date of occurrence of any failure or otherwise. Notwithstanding the foregoing, if the interruption of Utilities such services that continues for more than three (3) consecutive business days and (2) the date Tenant vacates the Premises or any part thereof (the Service Interruption Notice must specify the part of the Premises that Tenant is caused by Landlord’s negligence, willful misconduct or default and vacating if Tenant is not restored within five (5vacating all the Premises) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored due to a point that permits Tenants’ normal operationsService Interruption. Landlord will use commercially reasonable efforts to remedy any Service Interruption.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7.1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord’s reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant’s obligation to pay Rent, Base Rent, Tax Adjustment, Additional Rent, and other charges required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control and all Tenant’s obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwiseLaw. Notwithstanding the foregoing, if Tenant is prevented from using the interruption Premises or any material portion thereof as a consequence of Utilities is a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable control of Landlord to correct or covered by rental interruption insurance then carried by Landlord, or (ii) caused by the negligence or willful misconduct of Landlord or Landlord’s negligenceemployees, willful misconduct agents or default and is not restored within five contractors (5) business dayseach, a “Utility Cessation Event”), then Tenant shall be entitled to free Rental from the end give Landlord notice of such five Utility Cessation Event, and if such Utility Cessation Event continues for more than three (53) business day period until consecutive days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then all Rent shall be abated after expiration of the date restored Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using the Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, further, that if a point that permits Tenants’ normal operationsUtility Cessation Event continues for thirty (30) consecutive days after Landlord’s receipt of notice thereof from Tenant, then Tenant shall thereafter have the right to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to cessation of the Utility Cessation Event.

Interruption of Service. Tenant understandsagrees that Landlord will not be liable for failure to supply any heating, acknowledges and agrees that: (i) Tenant shall be responsible for air conditioning, janitor services, water or electric current during any period when Landlord uses reasonable business efforts to supply such service, water or current, it being understood that Landlord reserves the maintenance and repair right to temporarily discontinue such services, or any of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned them, or maintained by the applicable utility provider; (ii) any one such water or more of the Utilities current at such times as may be interrupted necessary by reason of accident, emergencyunavailability of employees, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable whenever by reason of governmental regulationsstrikes, civil commotionlockouts, strike riots, acts of God or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason happening beyond the power or control of Landlord. No interruption Landlord will not be liable for damages to person or property for any such discontinuance, nor will such discontinuance in any way be construed as an eviction of any utilities and Building services by reason or cause an abatement of governmental regulations, civil commotion, strike Rent or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant operate to any abatement or diminution of Rental, or relieve release Tenant from any of the Tenant's ’s obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwisehereunder. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligenceobligation to furnish services, willful misconduct water or default and is not restored within five (5) business days, Tenant shall current will be entitled to free Rental conditioned upon the availability of adequate energy sources from the end public utility companies then servicing the Building; provided, however, that in no event shall expected increases in the cost of any such five (5) business day period until services be deemed to constitute an event of unavailability. Landlord will have the date restored right to a point that permits Tenants’ normal operationsreduce heating, cooling, water, or lighting within the Leased Premises and in the public areas in the Building as required by any mandatory or voluntary fuel or energy program. Landlord will have the right to enter upon the Leased Premises at all reasonable times in order to make such repairs, alterations and adjustments as will be necessary in order to comply with the provisions of any mandatory or voluntary fuel or energy saving allocation or similar statute, regulation or program.

Interruption of Service. Tenant understandsExcept to the extent otherwise provided herein, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair no interruption or curtailment of any and all service or maintenance, repair or replacement in the Building or other portions of the mains and conduits furnishing Property shall entitle Tenant to any claim against Landlord or to any abatement of Rent, nor shall the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned same constitute constructive or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive partial eviction or disturbance of Tenant's right to possession, occupancy ’s use and use possession of the Building Leased Premises or Real Estate or any part thereofrights under this Lease, or render nor shall Landlord be liable to Tenant for damages by abatement of rent any kind or otherwisenature, in each case regardless of whether or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. not Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable have received notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities the same and shall exert all reasonable efforts to limit the length regardless of any such interruption; negligence of Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwisecontractors. Notwithstanding the foregoing, if in the interruption event that any interruption, discontinuance or curtailment of Utilities services described herein is caused by Landlord’s negligence, negligence or willful misconduct and adversely and materially affect’s Tenant’s ability to conduct its operations in the whole of the Leased Premises, or default any material portion thereof (each, a “Service Interruption”), and is not restored within five such Service Interruption continues beyond three (53) business daysdays after written notice to Landlord, then Tenant shall be entitled to free Rental from receive an abatement of Rent payable hereunder (as to the end proportion that the square footage of the Leased Premises rendered untenable as a result of such five Service Interruption bears to the total square footage of the Leased Premises) during the period beginning on the fourth (54th) business day of such Service Interruption and ending on the day the service has been fully restored. Notwithstanding the foregoing, in the event that any interruption, discontinuance or curtailment of services described herein continues beyond nine (9) business days after written notice to Landlord, and the Service Interruption can be corrected in ten (10) business days or less through Landlord’s reasonable efforts (regardless of negligence or willful misconduct), then Tenant shall be entitled to receive an abatement of Rent payable hereunder (as to the proportion that the square footage of the Leased Premises rendered untenable as a result of such Service Interruption bears to the total square footage of the Leased Premises) during the period until beginning on the date restored to a point that permits Tenants’ normal operationstenth (10th) business day of such Service Interruption and ending on the day the service has been fully restored.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7.1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption abatx xx suspend Tenant's obligation to pay Rent, Base Rent and additional rent required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and all Tenant's obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption shall not be deemed circumvented by a constructive eviction or disturbance of criminal, is assumed by Tenant with respect to Tenant's right to possessionproperty and interests, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsLaw.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure ----------------------- to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7. 1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant's obligation to pay Rent, Base Rent and additional rent required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and all Tenant's obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption shall not be deemed circumvented by a constructive eviction or disturbance of criminal, is assumed by Tenant with respect to Tenant's right to possessionproperty and interests, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsLaw.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure ----------------------- to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7.1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord's reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant's obligation to pay Rent, Base Rent and additional rent required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other 103 emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and all Tenant's obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption shall not be deemed circumvented by a constructive eviction or disturbance of criminal, is assumed by Tenant with respect to Tenant's right to possessionproperty and interests, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsLaw.

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant No diminution or abatement of rent or other compensation shall be responsible claimed or allowed for inconvenience or discomfort arising from the maintenance and repair making of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities repairs or improvements to the Building or its appurtenances; provided, however that the same do not materially interfere with Tenant's reasonable access to and from the Premises, or otherwise owned interfere in any material way with Tenant's ability to conduct its normal business operations from the Premises. Except as hereinafter provided, there shall be no diminution or maintained abatement of rent or any other compensation for interruption or curtailment of any service or utility herein expressly or impliedly agreed to be furnished by the applicable utility provider; (ii) any one Landlord when such interruption or more of the Utilities may curtailment shall be interrupted by reason of due to accident, emergencyalterations, repairs desirable or necessary, or other causesto inability or difficulty in securing supplies or labor, or may be disconnected to some other cause not negligence on the part of Landlord or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) of any Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any Party. No such interruption or curtailment shall not be deemed a constructive eviction eviction. Tenant agrees that Landlord shall not be responsible for interruption of utility service caused by any utility company or disturbance governmental regulatory agency. Anything contained in the foregoing to the contrary notwithstanding, if any interruption or curtailment of Tenant's right to possessionservice, occupancy and use or other condition of the Premises or any part of the Building or Real Estate the Building Common Areas or any part thereofOutside Common Areas shall unreasonably interfere with Tenant's access to and from the Premises and/or Tenant's normal business operations at the Premises, and such condition shall continue for more than three (3) consecutive Business Days, or render Landlord liable to for more than ten (10) nonconsecutive Business Days during any thirty (30) day period, all obligation of Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord Fixed Monthly Rent, Additional Rent and/or other charges hereunder shall be responsible for restoring abatx xxxil the services are restored in full and/or the condition is remedied such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance access and/or business operations may resume to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operations.

Interruption of Service. Tenant understandsLandlord shall not be liable for any failure to furnish, acknowledges and agrees that: (i) stoppage of, or interruption in furnishing any of the services or utilities described in Section 7.1, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord’s reasonable control, and, in such event, Tenant shall not be responsible for entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant’s obligation to pay Rent, Base Rent, Tax and Operating Expense Adjustment, Additional Rent, and other charges required under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Further, in the maintenance and repair event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls relating to the use or conservation of energy, water, gas, light or electricity, the reduction of automobile or other emissions, or the provision of any other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and all Tenant’s obligations hereunder shall not be affected by any such action of the mains Landlord. The parties acknowledge that safety and conduits furnishing the Utilities located security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in the Leased Premises and Landlord shall be responsible for all given instances prevent theft or other mains and conduits furnishing utilities to the Building not otherwise owned or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergencycriminal acts, or other causesensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconductmalfunction, or default under this Lease any such interruption be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service obtain insurance coverage to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under Tenant desires protection against such criminal acts and other losses, as further described in this Lease. Tenant shall give Landlord agrees to cooperate in any reasonable notice of Tenant’s intention of performing any repairs safety or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable security program developed by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents required by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwiseLaw. Notwithstanding the foregoing, if any interruption in, or failure or inability to provide any of the interruption of Utilities services or utilities described in Section 7.1 is caused by within Landlord’s negligence, willful misconduct or default reasonable control and is not restored within continues for five (5) or more consecutive business daysdays after Tenant’s written notice thereof to Landlord, and Tenant is unable to use and does not use a material portion of the Premises for Tenant’s business purposes as a result thereof, then Tenant shall be entitled to free Rental from an abatement of Base Rent and Tax and Operating Expense Adjustment, which abatement shall commence as of the end first day after the expiration of such five (5) business day period until period, and shall be based on the date restored extent of Tenant’s inability to use the Premises for Tenant’s business. The abatement provisions set forth above shall be inapplicable to any interruption in, or failure or inability to provide any of the services or utilities described in Section 7.1 that is caused by (x) damage by fire or other casualty or a point taking (it being acknowledged that permits Tenants’ normal operationssuch situations shall be governed by Articles XI and XII, respectively), or (y) the negligence or willful misconduct of Tenant or any of Tenant’s agents, employees, contractors or invitees.

Interruption of Service. Tenant understandsAny failure by Landlord to furnish the foregoing services, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair of any and all of the mains and conduits furnishing the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned resulting from circumstances beyond Landlord’s reasonable control or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability from interruption of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent services due to repair or willful misconductmaintenance, or default under this Lease any such interruption shall not be deemed a constructive eviction or disturbance of Tenant's right to possession, occupancy and use of the Building or Real Estate or any part thereof, or render Landlord liable to Tenant in any respect for damages by to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent or otherwiserents hereunder, or relieve Tenant from the obligation to pay Rental and otherwise perform its covenants under this Lease. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all reasonable efforts to limit the length of any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or nor relieve Tenant from any of Tenant's its obligations under hereunder. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, Landlord and Tenant shall comply with such requirements, whether or not the utilities and services referred to in this Lease Section are thereby reduced or impose otherwise affected, without any liability upon on the part of Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury any other person or any reduction or adjustment in rents payable hereunder. Landlord and its agents shall be permitted reasonable access to or interruption the Premises after reasonable notice to Tenant for the purpose of Tenant's business or otherwiseinstalling and servicing systems within the Premises deemed necessary by Landlord to provide the services and utilities referred to in this Section to Tenant and other tenants in the Building. Notwithstanding anything to the foregoingcontrary contained in this Section 9.7, if in the event of the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within utility services to the Premises for a period of more than five (5) consecutive business daysdays due to the negligence or willful misconduct of the Landlord, Tenant shall notify Landlord thereof and shall be entitled to free Rental from an abatement of the end of such five Basic Rent beginning on the sixth (56th) business day period of such interruption and continuing until the date restored to a point that permits Tenants’ normal operationssuch utility service has been restored.

Interruption of Service. Tenant understands, acknowledges and agrees that: (i) Tenant shall be responsible for the maintenance and repair No interruption or curtailment of any and all service or maintenance, repair or replacement in the Building or other portions of the mains and conduits furnishing Property shall entitle Tenant to any claim against Landlord or to any abatement of Rent, nor shall the Utilities located in the Leased Premises and Landlord shall be responsible for all other mains and conduits furnishing utilities to the Building not otherwise owned same constitute constructive or maintained by the applicable utility provider; (ii) any one or more of the Utilities may be interrupted by reason of accident, emergency, or other causes, or may be disconnected or diminished temporarily until certain repairs, alterations or improvements can be made; (iii) Landlord makes no representation or warranties as to the uninterrupted availability of such Utilities; and (iv) so long as the interruption is not caused by Landlord’s negligent or willful misconduct, or default under this Lease any such interruption shall not be deemed a constructive partial eviction or disturbance of Tenant's right to possession, occupancy ’s use and use possession of the Building Premises or Real Estate or any part thereofrights under this Lease, or render nor shall Landlord be liable to Tenant for consequential or other damages by abatement of rent any kind or otherwisenature, in each case regardless of whether or not Landlord shall have received notice of the same and regardless of any negligence of Landlord or any of its agents or contractors. However, Landlord shall exercise diligent efforts to minimize any interruption of services. Notwithstanding anything to the contrary contained herein, if any interruption or discontinuance of any service or utility to the Premises is due to a cause within Landlord’s reasonable control and such interruption or discontinuance continues beyond three (3) consecutive days after the first interruption of service, provided that such interruption or discontinuance materially and adversely affects Tenant’s ability to conduct business in the Premises, or relieve any portion thereof, and on account of such interruption or disturbance, Tenant from actually ceases doing business in the obligation Premises, or a portion thereof (a “Service Failure”), Basic Rent shall thereafter xxxxx proportionately, in an amount equal to pay Rental the applicable Basic Rent for such period less any proceeds received by Tenant in connection with such Service Failure as a result of any business interruption insurance obtained and otherwise perform maintained by Tenant, for so long as Tenant remains unable to conduct its covenants under this Leasebusiness in the Premises, or such portion thereof, commencing as of the third (3rd) consecutive day of the interruption until the Services are restored. For avoidance of doubt, Xxxxxxxx shall have no responsibility or liability for Service Failures which are beyond Landlord’s control and there shall be no abatement related to such interruption. Examples of causes beyond Landlord’s control are strikes, accidents, interruption due to by Applicable Laws or failure of coal, oil, gas or other suitable fuel supplies and Force Majeure. Landlord shall be responsible for restoring such service to the extent due to Landlord’s negligence or intentional misconduct or due to Landlord’s default under this Lease. Tenant shall give Landlord reasonable notice of Tenant’s intention of performing any repairs or improvements that will likely result in an interruption of Utilities and shall exert all use commercially reasonable efforts to limit restore the length of services and render the Premises tenantable following any such interruption; Landlord shall cooperate with Tenant in causing such repairs to be made. Tenant shall suspend Utilities when necessary or advisable by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, or if any Utilities may not be reasonably available on account of energy shortages or for any other reason beyond the power or control of Landlord. No interruption of any utilities and Building services by reason of governmental regulations, civil commotion, strike or riot, fire or other accident or emergency, shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of Rental, or relieve Tenant from any of Tenant's obligations under this Lease or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business or otherwise. Notwithstanding the foregoing, if the interruption of Utilities is caused by Landlord’s negligence, willful misconduct or default and is not restored within five (5) business days, Tenant shall be entitled to free Rental from the end of such five (5) business day period until the date restored to a point that permits Tenants’ normal operationsService Failure.