Common use of Interruption of Services Clause in Contracts

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord neither Landlord, nor any of Landlord’s constituent members, nor any of their respective agents, partners or employees, shall not be liable for damage or injury to person, property or business or for loss or interruption of business, or for any other matter, in damagesthe event there is any failure, by abatement of Rent delay, interruption or otherwise, for failure to furnish or delay diminution in furnishing any service. No such failure, or for any diminution in the quality or quantity thereofdelay, when such failure or delay interruption or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and or possession of the Premises Premises, in whole or in part, actual or constructive, nor entitle Tenant to any claim for set-off, abatement or reduction of Rent, nor render Landlord liable for damages, nor relieve Tenant from paying Rent the performance of or performing affect any of its Tenant’s obligations under this Lease. However, Landlord shall use commercially reasonable efforts to minimize any such failure, delay, interruption or diminution. Notwithstanding the foregoing, if in the Premisesevent any such failure, delay, interruption or diminution of services or utilities furnished by Landlord is due to a material portion of cause within Landlord’s reasonable control and causes the PremisesPremises to be untenantable, is made untenantable (that isand as a result thereof, Tenant cannot conduct its business in such portion) or inaccessible fact ceases to use the Premises for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning commencing on the sixth (61 6th) consecutive business day of the Controlled Service Failure such untenantability and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible non-use, Rent payable by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon abated until the percentage earliest to occur of (a) the Premises rendered untenantable date such failure, delay, interruption or inaccessible and not used by Tenant. Notwithstanding diminution is remedied, (b) the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all date the Premises are unusable, by reason again tenantable or (c) the date Tenant resumes use of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentPremises.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesreserves the right to suspend the Building Services on account of fire, storm, explosion, strike, lockout, labor dispute, casualty or accident, acts of God, riot, war, terrorism, interference by abatement of Rent civil or otherwise, for failure to furnish or delay in furnishing any servicemilitary authorities, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s control or for emergency, inspection, cleaning, repairs, replacement, alterations or improvements that Landlord reasonably deems desirable or necessary. Landlord shall use reasonable control; and such failures or delays or diminution (efforts to restore any such event, a “Service Failure”) shall never be deemed Building Services suspended pursuant to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights)9.9. In no event shall Landlord will not be liable to Tenant for any loss costs, expenses or damage, including the theft damages incurred by Tenant as a result of any failure to furnish any Building Services and such failure will not (i) be construed as a constructive eviction or eviction of Tenant’s property, arising out of or in connection with (ii) excuse Tenant from the failure performance of any security of its obligations hereunder, or (iii) entitle Tenant to any abatement or offset against Basic Rent or Additional Rent. In addition, no deduction from Basic Rent or Additional Rent will be permitted on account of any Building Services used by Tenant. Notwithstanding anything in this Lease to the contrary, should there be any interruption in any essential services to the Premises (defined as elevator service, electrical services, personnel heating, ventilation or equipmentair conditioning, water, sewer, or telecommunications) caused by Landlord’s gross negligence or willful misconduct, and such interruption prevents Tenant’s use and occupancy of the Premises for the Permitted Use hereunder for five (5) consecutive days, Tenant shall be entitled to an abatement of all Basic Rent and Additional Rent payable under this Lease for each day after such five (5) day period that the interruption of such services prevents Tenant’s use and occupancy of the Premises.

Interruption of Services. Tenant agrees that Landlord shall not be liable In the event of an interruption in damages, by abatement of Rent or otherwise, for failure or inability to furnish provide any services or delay in furnishing any service, utilities to the Premises or Building for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution reason (any such event, a “Service Failure”) ), such Service Failure shall never be deemed to not impose upon Landlord any liability whatsoever, constitute an eviction of Tenant, constructive or disturbance otherwise, entitle Tenant to an abatement of rent except as otherwise provided below or to terminate this Lease or otherwise release Tenant from any of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (provided that is, Tenant cansuch Service Failure does not materially interfere with Tenant’s ability to conduct its business in such portionon the Premises. “Materially interfere” shall mean for purposes herein shall mean Tenant is unable to conduct its business for forty five (45) or inaccessible for a period in excess of five (5) more consecutive business calendar days at the Premises. Service Failure as a result of Force Majeure, Casualty, and/or Tenant’s fault shall never constitute a Material Interference, In the Service Failure event that has been caused by Landlord’s act Tenant is unable to conduct its business for forty five (45) or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)more consecutive calendar days at the Premises and notwithstanding any contrary terms herein, then Tenant, as its sole remedy, Tenant shall be entitled permitted to receive an abatement terminate this Lease without penalty or costs. Further, whenever Tenant is being prevented from the free, uninterrupted and unimpeded use, access and enjoyment of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that and Tenant is entitled unable to receive conduct business within the entire Premises, or the Common Areas which are adjacent to the Demised Premises and such interruption continues for more than seventy-two (72) consecutive hours, as a result of (a) Landlord’s failure to observe or perform any obligation on Landlord’s part to be observed or performed under the Lease, (b) any gross negligence or willful omission by reason Landlord, its agents, employees or contractors, (c) Landlord’s making any repairs in the Demised Premises or the Building, (d) Landlord’s entry into the Leased Premises, or (e) any other cause within the control of Landlord, then and in each and all such a Controlled Service Failure cases, provided such cause is not due to the negligence of Tenant, its agents, employees, contractors, invitees, or principals, all Rent shall be prorated based upon the percentage equitably abated, and shall continue until full use of the Leased Premises rendered untenantable or inaccessible and not used by is restored to Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees Landlord does not warrant that any services Landlord shall supplies will not be liable in damagesinterrupted, by abatement of Rent or otherwiseincluding, for failure without limitation, interruptions due to furnish or delay in furnishing Force Majeure Matters, and any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution interruption shall not: (any such event, a “Service Failure”i) shall never be deemed to constitute considered an eviction or disturbance of Tenant’s use and possession of the Premises Premises; (ii) make Landlord liable to Tenant for damages; (iii) xxxxx Base Rent, Additional Rent or any other charge under this Lease; or (iv) relieve Tenant from paying Rent or performing any of its obligations under this LeaseTenant’s Lease obligations. Notwithstanding the foregoing, (A) if any essential services provided by Landlord (such as HVAC or electricity) are interrupted so as to render the Premises, Premises untenantable or a material portion if twenty-five percent (25%) or more of the Premisesparking spaces provided for the use by Tenant pursuant to Section 7.3(a) herein are not available to Tenant (provided, is made untenantable however, Landlord shall be entitled during such period of interruption to provide Tenant with access to replacement or substitute parking spaces located within a reasonable distance from the Building in a quantity equal to Tenant’s share of the total number of parking spaces with respect to which accessibility has been interrupted, in which case the rights of Tenant set forth in this Section 5.4 arising out of the unavailability of parking spaces shall no longer apply) for six (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (56) consecutive business days as a result of the Service Failure that has been and (B) such interruption is caused by the willful misconduct or negligence of Landlord or Landlord’s act agents or omission with respect to matters within Landlordemployees and is not caused by the negligence or willful misconduct of Tenant or Tenant’s control (“Controlled Service Failure”)employees, agents or invitees, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 6th) consecutive business day of the Controlled Service Failure interruption and ending on untenantability, or if later, the day Tenant stops using the service has been restored. If Premises, or the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failureportion thereof, because of the interruption, the amount of abatement that Tenant is entitled Monthly Base Rent payable hereunder and Additional Rent payable pursuant to receive by reason of such Section 4.2 herein shall equitably xxxxx on a Controlled Service Failure shall be prorated based upon daily basis in proportion to the percentage area of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoingthat is untenantable, business days during which until the Premises (or the relevant portion thereof) are returned to a material tenantable condition (Tenant’s actual use of the Premises, or the relevant portion thereof, to conduct business therein being conclusive evidence of the tenantability thereof). Provided, however, the following activities of Tenant within the Premises shall not constitute “actual use” of the Premises for the purposes of this Section 5.4: (i) Tenant’s entry into the Premises for the limited purpose of removing Tenant’s personal property and work files, or (ii) the use of the Premises, or the relevant portion thereof are untenantable or inaccessiblewhich is untenantable, by a limited number of Tenant’s employees for the purpose of conducting essential business operations therein, provided the total number of such employees shall be no greater than necessary to sustain Tenant’s limited and essential business operations within the Premises, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty relevant portion thereof which is covered by the provisions untenantable, during such period of ARTICLE 13 untenantability and shall in no event be considered greater than five percent (5%) of the total number of employees which occupied and conducted business in determining whether the Premises, or the relevant portion thereof which is untenantable, immediately prior to the interruption which caused same to become untenantable. Further, if Tenant desires to occupy and conduct business in the Data Center during any period in which the Data Center is untenantable pursuant to this Section 5.4 and if such occupancy and conduct of business in the Data Center constitutes “actual use” in accordance with the terms and conditions of this Section 5.4, then Tenant shall be entitled to do so, provided Tenant shall have no right to an abatement of Rent under this Section 8.03 (in rent during such event period relative to the provisions portion of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with Premises comprising the failure of any security services, personnel or equipmentData Center.

Interruption of Services. Tenant agrees that If Landlord breaches its obligations to supply any HVAC, elevator, plumbing or electrical service or reasonable means of access to the Premises (collectively, the "Essential Services") which pursuant to the terms of this Lease Landlord is obligated to supply in or about the Premises (collectively "Untenantable Condition") and such Untenantable Condition shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, caused by any strikecircumstance referred to in Article 12, lockout Force Majeure or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident negligence or casualty whatsoever, by act or default misconduct of Tenant or other partiesits officers, contractors, licensees, agents, employees, guests or by visitors, and as a result of the Untenantable Condition, (i) Tenant is precluded from using the whole or any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession material part of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding (the foregoing, if "Untenantable Premises") due to the Premises, fact that the Premises or a material portion of the Premises, is made part thereof are untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five ten (510) consecutive business days as a result Business Days in any one instance (commencing after written notice from Tenant to Landlord of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”Untenantable Condition as provided for herein), (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein; and (iii) Tenant shall give notice to Landlord of the facts set forth in (i) and (ii) above making specific reference to this rent abatement provision, then Tenantin such event, as its sole remedy, the portion of the Basic Rent and Additional Rent allocable to the Untenantable Premises shall be entitled to receive an abatement of Rent payable hereunder during fully abated for the period beginning commencing on the sixth eleventh (61 11th) consecutive business day of Business Day after all the Controlled Service Failure conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the day date the service has been restoredUntenantable Premises shall be rendered usable and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for conduct of its business, if earlier). If the entire Premises has not been rendered untenantable or inaccessible by such This Section 7.7 shall act as a Controlled Service Failure, the amount waiver of abatement that any right to which Tenant is otherwise entitled by law to receive claim a constructive eviction by reason of Landlord's failure to provide supply such a Controlled Service Failure Essential Services. Landlord shall be prorated based upon responsible to repair any Essential Services which it is required to supply to the percentage of Tenant to the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall extent provided in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment7.1 hereof.

Interruption of Services. Tenant agrees that Landlord The provisions of this Section 9.3 regarding the abatement of Base Rent shall not be liable apply in damagesthe event of a fire, by abatement earthquake or other casualty (in which case the terms of Rent Article 12 [Damage or otherwise, for failure to furnish Destruction] shall control) or delay Condemnation (in furnishing any servicewhich case the terms of Article 13 [Condemnation] shall control). In the event of an interruption in, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricityprovide, gas, water, any of the services or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default utilities described in Section 9.1 (Description of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution Services) (any such event, a “Service Failure”) ), such Service Failure shall never be deemed to not, regardless of its duration, constitute an eviction or disturbance of Tenant’s use and possession , constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of the Premises business by Tenant, or relieve entitle Tenant from paying Rent to an abatement of rent or performing any of its obligations under to terminate this Lease. Notwithstanding the foregoing, if the Premisesfor five consecutive Business Days, or there is a material portion complete stoppage of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect all elevator service to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all complete failure of electrical service to the Premises are unusableand, as a result thereof, Tenant is not reasonably able to use the Premises and in fact does not use the Premises (but was in possession of and using the Premises prior to such stoppage or failure), then, after the fifth consecutive Business Day of such stoppage or failure, Base Rent shall xxxxx until the date that such stoppage or failure is substantially remedied, but only to the extent that the stoppage or failure was not caused by reason Tenant or its agents, employees, contractors or invitees, and further provided that Base Rent shall xxxxx only if either (1) the stoppage or failure was caused by the active negligence or intentional misconduct of Landlord or Landlord’s authorized representatives or (2) Landlord receives insurance proceeds under a Service Failure which arises from a fire loss of rents or other casualty similar policy of insurance covering the Building, the cost of which is covered included in Operating Costs payable by Tenant pursuant to Section 3.2 (in which case the abatement of Base Rent allocable to Tenant shall not exceed Tenant’s Share of the amount of proceeds actually received by Landlord). Tenant hereby waives the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss interruption, failure or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentinability.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premisesevent that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (b) the restoration of such utility service is entirely within Landlord’s control, and (c) such interruption renders all or a material portion of the Premises, is made Leased Premises untenantable (meaning that isTenant is unable to use, Tenant canand does not conduct use, such space in the normal course of its business in such portionfor the Permitted Use) or inaccessible for a period in excess of five more than three (53) consecutive business days, then Tenant shall notify Landlord in writing that Tenant intends to xxxxx rent. If service has not been restored within three (3) consecutive days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Failure to any extent to make available, or any slow-down, stoppage or interruption of any services described in this Paragraph 7 resulting from any cause whatsoever (other than Landlord's gross negligence(51)) shall not render Landlord liable in any respect for damages, nor be construed as an eviction of Tenant, nor relieve Tenant agrees that from fulfillment of any covenant or agreement hereof. Should any service being furnished by Landlord be interrupted for any cause whatsoever, Tenant shall notify Landlord(52) and Landlord shall not use reasonable diligence to restore such service promptly.(53) __________________________________ 49 actual 50 paid 51 or willful misconduct 52 in writing 53 Tenant shall be liable in damages, by abatement entitled to an equitable diminution of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in rent based upon the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession pro rata portion of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding which is rendered unfit for occupancy for the foregoingPermitted Use, if the Premises, or a material portion such interruption of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible service continues for a period in excess of more than five (5) consecutive business days days. Such equitable diminution of rent shall commence on the sixth business day of such interruption and shall constitute Tenant's sole and exclusive remedy in the event of any such occurrence, except as otherwise set forth herein. Notwithstanding anything in this Lease to the contrary, in addition to Tenant's foregoing rights, in the event of a result failure by Landlord (except due to Tenant's negligence, gross negligence or willful misconduct) for any reason to provide any of the Service services described in Paragraphs 7(a)(i) (other than supply of heated water), 7(a)(ii), 7(a)(iv), or 7(b)(i), and if such failure (the "Services Failure") should continue beyond a period of sixty (60) days (or such longer period as is reasonably necessary to remedy such Services Failure, provided Landlord shall continuously and diligently pursue such remedy at all times until such Services Failure that has been caused is cured), Tenant shall have the right to deliver a written notice thereof (the "Services Notice") to Landlord (with a copy of said notice being sent simultaneously therewith to Landlord's mortgagee in accordance with Paragraph 13(e) hereof). If such Services Failure shall continue uncured by Landlord and Landlord’s act 's mortgagee for an additional thirty (30) days after the receipt of the Services Notice, Tenant shall have the right to cure such Services Failure, and Landlord shall reimburse Tenant (which reimbursement Tenant may effect through the withholding of rent) for all reasonable sums expended in so curing such failure. In the event Tenant undertakes to correct or omission cure the Services Failure, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, costs, claim, expense or liability arising out of the actions of Tenant or its contractors, agents or employees. The foregoing rental abatement and self-help (and offset) rights of Tenant for a Services Failure shall constitute Tenant's sole and exclusive remedies involving or with respect to matters within a Services Failure, unless such Services Failure is due to the gross negligence or willful misconduct of Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, . Tenant agrees there shall be entitled to receive an no abatement of Rent payable hereunder during rent, nor shall Tenant have the period beginning right to avail itself of self-help (and offset) rights, on account of a Services Failure due to Tenant's negligence, gross negligence or willful misconduct. The foregoing self-help and offset rights (but not the sixth (61 abatement right) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such Tenant for a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Services Failure shall be prorated based upon the percentage of the Premises rendered untenantable personal solely to PageMart Wireless, Inc., and shall not be available to any assignee or inaccessible and not used by Tenant. Notwithstanding the foregoingsublessee, business days during which the Premises other than a Fortune 500 company or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 Affiliate (in such event the provisions of Section 13.01 shall govern Tenant’s rightsas hereinafter defined). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesreserves the right to suspend the Building Services on account of fire, storm, explosion, strike, lockout, labor dispute, casualty or accident, acts of God, riot, war, terrorism, interference by abatement of Rent civil or otherwise, for failure to furnish or delay in furnishing any servicemilitary authorities, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s control or for emergency, inspection, cleaning, repairs, replacement, alterations, improvements or that Landlord reasonably deems desirable or necessary. Landlord shall use reasonable control; and such failures or delays or diminution (efforts to restore any such event, a “Service Failure”) shall never be deemed Building Services suspended pursuant to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this LeaseSection 9.9. Notwithstanding the foregoing, Except if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act gross negligence or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)willful misconduct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has Landlord will not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss costs, expenses or damage, including the theft damages incurred by Tenant as a result of any failure to furnish any Building Services and such failure will not (i) be construed as a constructive eviction or eviction of Tenant’s property, arising out of or in connection with (ii) excuse Tenant from the failure performance of any security of its obligations hereunder, or (iii) entitle Tenant to any abatement or offset against Basic Rent or Additional Rent. In addition, no deduction from Basic Rent or Additional Rent will be permitted on account of any Building Services used by Tenant. Notwithstanding anything in this Lease to the contrary, should there be any interruption in any essential services to the Premises (defined as elevator service, electrical services, personnel heating, ventilation or equipmentair conditioning, water, sewer, or telecommunications) caused by Landlord’s gross negligence or willful misconduct, and such interruption prevents Tenant’s use and occupancy of the Premises for the Permitted Use hereunder for five (5) consecutive days, Tenant shall be entitled to an abatement of all Basic Rent and Additional Rent payable under this Lease for each day after such five (5) day period that the interruption of such services prevents Tenant’s use and occupancy of the Premises.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesExcept as provided below, by abatement no interruption of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, services caused by repairs, renewalsreplacements, or improvements, by any strike, lockout or other labor trouble, by inability alterations to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesservice system, or by any other cause beyond the reasonable control of Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of any part of the Premises Premises, or relieve render Landlord liable to Tenant from paying Rent for damages, or performing any otherwise affect the rights and obligations of its obligations Landlord and Tenant under this Lease. Notwithstanding anything in this Lease to the foregoingcontrary, if (a) there is any interruption of an essential service which renders the Premises, or Premises in a material portion of the Premises, is made untenantable (that is, Tenant cannot condition which materially and adversely affects Tenant’s ability to conduct its business in all or any portion of the Premises and on account thereof, Tenant ceases performing business from the Premises or a portion thereof, (b) Tenant gives Landlord notice of such portioncondition and (c) or inaccessible such interruption continues for a period in excess of five (5) consecutive business days as a result after such notice (an interruption which satisfies all of the Service Failure that has been caused by Landlord’s act or omission with respect conditions of this sentence is referred to matters within Landlord’s control (herein as an “Controlled Service FailureInterruption”), then Tenant, as its Tenants sole remedy, and exclusive remedy shall be entitled that Tenant’s obligation to receive an abatement pay Rent hereunder shall be reduced proportionately based on the portion of Rent payable hereunder during the Premises which cannot be occupied for purposes of performing business therefrom for the period beginning on commencing upon the sixth expiration of said five (61 5) consecutive business-day period and continuing until the Premises are rendered in a condition so that Tenant can again perform its business day of therefrom. Notwithstanding the Controlled Service Failure and ending on foregoing to the day contrary, in the service has been restored. If event that any interruption is caused by Force Majeure (as defined in Section 21) such rent abatement shall be available only to the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, extent that Landlord is compensated for the amount of abatement that Rent so abated by Landlord’s rental interruption insurance. Tenant is entitled may terminate this Lease by providing written notice to receive by reason Landlord if an Interruption continues for longer than 150 days in which event this Lease shall terminate on the later of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, (i) five (5) business days during which after the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft date of Tenant’s propertynotice, arising out or (ii) the expiration of the 150-day period, and neither party shall have any further rights or in connection with obligations under this Lease except any rights or obligations which by their terms survive the failure termination of any security services, personnel or equipmentthis Lease.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution withhold sums due hereunder. Notwithstanding the foregoing to the contrary, if (A) there is occasionedan interruption or stoppage of any of utility services provided to the Leased Premises which is caused by the gross negligence or willful misconduct of Landlord or its contractors, in whole employees or in partagents, by repairsand (B) such interruption or stoppage materially, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of adversely interferes with Tenant’s use and possession of the Leased Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, (or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portionthereof) or inaccessible as contemplated herein for a continuous period in excess of five two (52) consecutive business calendar days after Tenant delivers written notice of such event or occurrence to Landlord (or Landlord otherwise becomes aware of such material interruption) (and to each Mortgagee for which notice addresses have been provided to Tenant), and (C) Tenant actually does not use the affected portion or all, as a result the case may be, of the Service Failure that has been caused by LandlordLeased Premises for the operation of Tenant’s act business therein for a continuous period in excess of such two (2) calendar days (other than to stabilize or omission with respect to matters within Landlord’s control (“Controlled Service Failure”shut down ongoing laboratory procedures), then Tenantthen, as its sole remedyduring the period of time that the condition continues beyond such second (2nd) calendar day, Tenant shall be entitled to receive an equitable abatement of Rent payable hereunder during for the period beginning on affected portion or all (as the sixth (61 case may be) consecutive business day of the Controlled Service Failure Leased Premises for which such utilities are interrupted and ending on which Tenant actually does not use for the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft operation of Tenant’s propertybusiness. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the restoration of such service(s) or the restoration of such service(s) to a degree and extent sufficient to remove the material, arising out adverse interference with Tenant’s use of the Leased Premises as contemplated herein or in connection with (ii) Tenant’s recommencement of use of the failure Leased Premises (or the relevant portion thereof) for the operation of any security services, personnel or equipmentTenant’s business therein.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereofinterruption of any utility service and, when no such failure or delay interruption shall entitle Tenant to withhold sums due hereunder, except as expressly provided below. Notwithstanding anything to the contrary contained in this lease, if Tenant cannot reasonably use all or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession portion of the Premises for Tenant's intended business operations by reason of any interruption in services to be provided by Landlord (and the interruption is caused either by a matter within Landlord's control or relieve Tenant from paying Rent or performing any of its obligations under by a matter that would be covered by Landlord's rent loss coverage if Landlord maintains rent loss coverage as required in this Lease. Notwithstanding the foregoing, if the Premises, or a material ) and Tenant does not in fact use such portion of the Premises, is made untenantable Leased Premises and such condition exists for three (that is, Tenant cannot conduct its business in such portion3) or inaccessible for a period in excess of more consecutive business days or five (5) consecutive or more business days as a result within any thirty (30) day period, then the Minimum Annual Rent and Annual Rental Adjustment shall be abated for that portion of the Service Failure Leased Premises that has been caused by Landlord’s act or omission with respect Tenant is unable to matters within Landlord’s control (“Controlled Service Failure”)use for Tenant's intended business operations until such service is restored to the Leased Premises. At the time of the loss of service, then Tenant, as Tenant must give written notice promptly to Landlord of the loss of service and its sole remedy, claim for abatement and Tenant only shall be entitled to receive an abatement of the Minimum Annual Rent payable hereunder during and Annual Rental Adjustment in proportion to the period beginning on area rendered unusable. Landlord may prevent or stop abatement by providing substantially the sixth (61 ) consecutive business day same service in similar quality and quantity by temporary or alternative means until the cause of the Controlled Service Failure and ending on loss of service can be corrected. Tenant shall not be entitled to the day rent abatement set forth above if the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant interruption is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered caused by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss act or damage, including the theft omission of Tenant’s property, arising out of its agents or in connection with the failure of any security services, personnel or equipmentemployees.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesAny interruption, by abatement diminishment or termination of Rent or otherwise, for failure services to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution Premises (any such event, a “Service Failure”) due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (as defined in Section 21.06) or any other cause shall never be deemed not give rise to constitute an eviction or disturbance abatement of Tenant’s use and possession of the Premises Rent or relieve Tenant from paying Rent the obligation to fulfill any covenant or performing any of its obligations under agreement, except as provided in this LeaseSection 7.03. Notwithstanding the foregoing, if If the Premises, or a material any portion of the Premisesthereof, is are made untenantable (that isas a result of a Service Failure not caused by Tenant, Tenant cannot conduct its business in and such portion) or inaccessible Service Failure continues for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Business Days after written notice thereof to Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning commencing on the sixth day following such five (61 5) consecutive business day of the Controlled Service Failure Business-Day period and ending on the day the service has services have been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenantequitably prorated. Notwithstanding the foregoingforegoing or anything to the contrary contained in this Lease, business if any Service Failure not caused by Tenant is not cured within one hundred eighty (180) days during which following the Premises or date the Service Failure commences, then Tenant shall have the right, at its sole election, to terminate this Lease by giving written notice of such termination to Landlord at any time following the end of such one hundred eighty (180) day period until such time as the Service Failure is cured. This Section shall not apply to any Service Failure arising from a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, casualty event governed by reason of Section 14 below. The remedies set forth in this Section 7.03 shall be Tenant’s sole remedies for a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentFailure.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons (upon at least three (3) business days notice to Tenant and in a manner that minimizes disruption to Tenant's use of the Leased Premises) until certain repairs, alterations or improvements can be made. Landlord shall use reasonable efforts to restore such utility service and shall use reasonable efforts to minimize any interference with Tenant's use of the Leased Premises for the Permitted Use during such restoration. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premises, event that (i) an interruption of utility service to the Leased Premises is due to Landlord's negligence or intentional wrongful acts and (ii) such interruption renders all or a material portion of the Premises, is made Leased Premises untenantable (meaning that isTenant is unable to use, Tenant canand does not conduct use, such space in the normal course of its business in such portionfor the Permitted Use) or inaccessible for a period in excess of five more than three (53) consecutive business days calendar days, then Tenant shall notify Landlord in writing that Tenant intends to xxxxx rent. If service has not been restored within such three (3) day period, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant's sole remedy for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in this Section 6 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premises, event that (i) an interruption of utility service to the Premises is due to Landlord’s negligence or intentional wrongful acts and (ii) the restoration of such utility service is within Landlord’s control and (iii) such interruption renders all or a material portion of the Premises, is made Premises untenantable (meaning that isTenant is unable to use, Tenant canand does not conduct use, such space in the normal course of its business for the Permitted Use) then Tenant shall notify Landlord in such portion) or inaccessible for a period in excess of writing that Tenant intends to xxxxx Base Rent and Additional Rent. If service has not been restored within five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission receipt of Tenant’s notice, then Base Rent and Additional Rent shall xxxxx proportionately with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days on a per diem basis for each day after such five (5)-business day period during which such portion of the Premises or a material portion thereof are untenantable or inaccessibleremains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 and Tenant shall in no event not be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 damages (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss consequential or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentotherwise) as a result thereof.

Interruption of Services. Landlord does not represent or warrant that any of the services referred to above will be free from interruption and Tenant agrees acknowledges that Landlord any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. The rental herein reserved shall not be liable abated by reason of any interruption, reduction or discontinuance of service (except as expressly set forth below in damagesthis Section 6.03), by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (nor will any such event, a “Service Failure”) shall never event or occurrence be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises Leased Premises, or any part thereof, by Landlord, nor, except as may otherwise be expressly set forth herein, will any such event or occurrence render Landlord liable to Tenant for damages or relieve Tenant from paying Rent or performing any performance of its Tenant’s obligations under this Lease. Notwithstanding Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the foregoingefforts of national, if state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any other resources, so long as the Premisesoperation of Tenant’s business in and from the Leased Premises is not materially, adversely affected thereby. In the event of any failure to furnish, or a material portion any stoppage of, any of the Premises, is made untenantable “Critical Services” (that is, Tenant cannot conduct its business in such portionas hereinafter defined) or inaccessible for a period in excess of five (5) consecutive business days days, and if: (a) such interruption is restricted to the Building and is not a neighborhood blackout; (b) such failure to furnish or stoppage is caused by the sole negligence or willful misconduct of Landlord or by the failure of Landlord to commence and diligently pursue repairs for which Landlord is responsible under this Lease; (c) such interruption results in the Leased Premises becoming untenantable; and (d) Tenant actually ceases to occupy the Leased Premises as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)thereof, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Minimum Annual Rent under and the Annual Rental Adjustment which shall commence on the sixth (6th) business day (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage of such specified services. As used in this Section 8.03 (in 6.03, the “Critical Services” are: electricity, HVAC, and water service. If any Critical Services are interrupted, to the extent that Landlord is responsible for remedying the conditions that caused such event interruption under the provisions terms of Section 13.01 this Lease, Landlord shall govern use commercially reasonable efforts to remedy such conditions as soon as reasonably practicable after notice from Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable have the right to cause an interruption in damages, by abatement of Rent or otherwise, for failure services and/or utilities provided to furnish or delay in furnishing any service, or for any diminution the Building only in the quality or quantity thereof, when event that such failure or delay or diminution interruption is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability reasonably necessary for Landlord to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of perform its obligations under the terms of this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable and provided that (that is, i) Landlord give Tenant cannot conduct its business in such portionat least forty eight (48) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason hours' prior written notice of such a Controlled Service Failure interruption, (ii) Tenant shall be prorated based upon have the percentage right to prescribe the time of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days day during which the Premises or a material portion thereof are untenantable or inaccessibleLandlord may cause such interruption, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 (iii) such interruption shall in no event be considered in determining whether Tenant is entitled to an abatement continue for more than twelve (12) consecutive hours, and (iv) Landlord shall not unreasonably interfere with Tenant's use and enjoyment of Rent under this Section 8.03 (in such event the provisions Demised Premises or with the conduct of Section 13.01 shall govern Tenant’s rights)'s business. In no event shall Landlord be liable to Tenant for any loss such interruption or damagefailure in the supply of any utilities to the Demised Premises. Despite the foregoing, including in the theft event that (i) as a result of Landlord's negligence or intentional misconduct the services to be provided by Landlord under Section 10(a) of this Lease shall not be furnished for more than five (5) consecutive days, and (ii) Tenant’s property, arising out in its reasonable business judgment, determines that it is unable to use and occupy the Demised Premises (or any part thereof) as a result thereof, then commencing on the sixth (6th) day that such services are not being provided the Base Annual Rent Tenant is obligated to pay hereunder shall xxxxx with respect to that part of the Demised Premises which Tenant does not use and occupy. Such abatement shall immediately cease on the date that such services are restored. In the event that any such failure to furnish such services is caused by Tenant's acts or in connection with omissions, Tenant shall not be entitled to an abatement of Base Annual Rent. In the event of a failure of Landlord to perform any security servicesrepairs or maintenance required to be performed by Landlord under this Lease [which failure would cause an interruption in essential services being provided to the Demised Premises (i.e., personnel electricity, water, sewer, heating, ventilating and air conditioning)], and if such failure is not cured by Landlord within a reasonable period after Landlord is first given notice of such failure by Tenant, Tenant may deliver to Landlord and to Landlord's lender(s) written notice stating that Tenant intends to perform such repair or equipmentmaintenance. Prior to Tenant undertaking any action to cure or remedy such event or condition, Tenant shall first allow Landlord and Landlord's lender(s) ten (10) business days following receipt by Landlord and Landlord's lender(s) of such written notice to cure or remedy the event or condition specified in Tenant's notice; provided, however, that if such event or condition cannot be cured within the ten (10) day business period, such period shall be extended for a reasonable additional time, so long as Landlord or Landlord's lender(s) commence to cure such event or condition within the ten (10) business day period and proceed diligently thereafter to effect such cure. If Landlord or Landlord's lender(s) fail to cure or remedy such event or condition within such time period, then Tenant may cure or remedy such event or condition and deliver an invoice to Landlord for the reasonable and actual out-of-pocket costs and expenses incurred by Tenant therefor. Landlord shall pay to Tenant the amount of such invoice within thirty (30) days after delivery by Tenant, and the amount of such invoice, when paid by Landlord, shall be included within operating expenses. In the event of an interruption in utility services that are being provided to the Demised Premises, upon Tenant's request, Landlord shall, at Tenant's cost, cooperate with Tenant to attempt to cause such utility company to provide such utility services to the Demised Premises.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for any failure to furnish furnish, stoppage of, or delay interruption in furnishing any service, of the services or for any diminution utilities described in the quality or quantity thereofSection 7.1, when such failure or delay or diminution is occasionedcaused by accident, in whole or in partbreakage, by repairs, renewalsstrikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any , and, in such event, Tenant shall not be entitled to any damages nor shall any failure or interruption xxxxx or suspend Tenant’s obligation to pay Base Rent and additional rent required under this Lease or constitute or be construed as a “Service Failure”) shall never be deemed to constitute an constructive or other eviction or disturbance of Tenant; provided however, that to the extent Landlord receives insurance proceeds under any service or business interruption policy, then Tenant shall have abatement of any associated Operating Expenses. Further, in the 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 Tenant’s use and possession obligations hereunder shall not be affected by any such action of Landlord. Notwithstanding anything to the contrary contained herein, Tenant hereby waives the provisions of Section 1932(1) of the Premises California Civil Code or relieve Tenant from paying Rent any other applicable existing or performing any future law, ordinance or governmental regulation permitting the termination of its obligations under this LeaseLease due to such failure or interruption. Notwithstanding the foregoingforegoing or any other provision of this Lease to the contrary, if in the Premisesevent that any utility, communication or a material portion of the Premises, other building service is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible interrupted for a period in excess of more than five (5) consecutive business days, or for more than ten (10) business days in a single month whether or not consecutive, as a result of the Service Failure that has been Landlord’s or its agents, contractors or employees active negligence or Landlord’s breach of Landlord’s obligations under this Lease (as distinct from a failure of such utility or service which is area wide, a Force Majeure event or which occurred and was not caused by Landlord’s act or omission with respect to matters within its agents’, employees’ or contractors’ active negligence or breach of Landlord’s control (“Controlled Service Failure”obligations hereunder), then Tenantand in such event, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during until such service(s) are restored; provided however that if and to the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by extent such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which failure is covered by the provisions of ARTICLE 13 rent interruption insurance, Landlord shall in no event be considered in determining whether process such claim and shall provide Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure benefit of any security services, personnel or equipmentsuch payments from the date received.

Interruption of Services. Except as otherwise specifically provided herein, no failure to furnish or discontinuance of any service pursuant to this Article shall result in any liability of Landlord to Tenant or be deemed to be a constructive eviction or a disturbance of Tenant’s use of the Premises. Without limitation to the generality of the foregoing, Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, whatsoever by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such . Such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything to the foregoingcontrary contained in this paragraph, if if: (i) Landlord ceases to furnish any service in the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Building for a period in excess of five (5) consecutive business days after Tenant provides written notice to Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant; (iii) such cessation is not caused by a casualty or condemnation (as more fully set forth below); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to matters within Landlord’s control (“Controlled Service Failure”)use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 6th) consecutive business day of the Controlled Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe cessation in service, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises so rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that except as provided in this Subparagraph C, Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything in this Lease to the foregoingcontrary, if as a result of a cessation limited to utilities or interruption of utilities or access which Landlord is required to provide hereunder for any other reason other than (i) reasons arising as a result of negligence, willful misconduct on the Premisespart of Tenant or any of Tenant’s contractors, agents or a material portion employees or breach of this Lease by Tenant, (ii) reasons arising out of Tenant’s use and occupancy of the Premises, is made untenantable (that isiii) any other reason within the reasonable control of Tenant, Tenant cannot conduct is unable to use all or a portion of the Premises for its business in such portion) or inaccessible purposes for a period in excess of five seven (57) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failuredays, the amount of abatement that Base Rent and Additional Rent relating to periods subsequent to such seven (7) day period and thereafter due hereunder shall xxxxx until Tenant is entitled again able to receive by reason of use such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable for its business purposes. In the event such interruption or inaccessible cessation continues for more than thirty (30) consecutive days and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern materially affects Tenant’s rights). In no event use and occupancy of the Premises, Tenant shall have the right to terminate this Lease by notice to Landlord be liable to Tenant for any loss or damage, including within ten (10) days of the theft expiration of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentsuch thirty (30) day period.

Interruption of Services. Except as expressly provided otherwise in this Lease, Tenant agrees that Landlord shall not be liable in damages, for damages (by abatement of Rent rent or otherwise, ) for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor troubletrouble not directed solely against Landlord or its Affiliates, by inability to secure electricityfuel, gasby governmental laws, waterregulations or orders, by Landlord's compliance, in whole or other fuel at the Building after reasonable effort so to doin part with any government promulgated program (whether voluntary or mandatory), for conservation of energy by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent rent or performing any of its obligations under this Lease. Landlord's obligation to furnish services shall also be further conditioned upon the availability of adequate energy sources from the public utility companies then servicing the downtown Denver area. Landlord agrees to use reasonable efforts to restore any suspended service as soon as possible. Notwithstanding the foregoing provisions of this subparagraph 7(c), Base Rent and any applicable Expense Adjustment Amount and Tax Adjustment Amount shall be abated in the event of the disruption of services in accordance with the following provisions: (i) in the case of interruption of electrical power to the Premises resulting in a shutdown of Tenant's computers, antennas, telephones, or other office equipment, if such interruption continues for seven consecutive days and as a result Tenant is not using the Premises (or the affected portion), then the Base Rent and any applicable Expense Adjustment Amount and Tax Adjustment Amount for the Premises (or, if only a portion of the Premises is affected, prorated for such portion) shall be abated commencing on the first day following the seventh continuous day of such disruption until the service in question has been restored; (ii) in the case of the substantial failure of the water supply to the restroom or substantial failure of the HVAC system to the Premises or of any portion of the life safety system, and if such interruption continues for seven consecutive days without Landlord having provided reasonable substitute temporary services, and as a result Tenant is not using the Premises (or portion affected) then Base Rent for the Premises and any applicable Expense Adjustment Amount and Tax Adjustment Amount (or, if only a portion of the Premises is affected, for such portion) shall be abated commencing on the first day following the seventh consecutive day of such disruption until the service in question has been restored. Notwithstanding the foregoing, if [A] in the Premises, or a material portion event that more than seventy-five percent (75%) of any floor included in the Premises, Premises is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days used as a result of the Service Failure disruption, it shall be deemed that has been caused by Landlord’s act or omission with respect the entire floor is not used as a result of the disruption, but if more than fifty percent (50%) of any floor included in the Premises is not used as a result of the disruption and Tenant is therefore unable to matters within Landlord’s control (“Controlled Service Failure”)use the balance of such floor, then Tenant, as its sole remedy, it shall be entitled to receive an abatement of Rent payable hereunder during deemed that the period beginning on the sixth entire floor is not used; and [B] and if more than seventy-five percent (61 75%) consecutive business day of the Controlled Service Failure and ending on Premises is not used or deemed to be not used as a result of the day disruption, then all of the service has been restoredPremises will be deemed not used as a result of the disruption. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage disruption renders more than seventy-five percent(75%) of the Premises rendered untenantable (i) for over 90 consecutive days when Landlord has, within its reasonable control, the ability to provide such utility or inaccessible and not used by service, or (ii) for over 180 consecutive days in all other cases, then Tenant may upon delivery of written notice to Landlord, terminate this Lease which termination shall be effective upon Tenant. Notwithstanding the foregoing, business days during which 's vacation from the Premises or a material portion thereof are untenantable or inaccessible, or during on the date specified in the notice which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 date shall in no event be considered in determining whether Tenant is entitled within thirty (30) days after delivery Tenant's notice to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentterminate.

Interruption of Services. Tenant agrees Landlord does not warrant that Landlord shall not any ------------------------ service will be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, free from interruptions caused by repairs, renewals, or improvements, by any strikechanges of service, lockout or other alterations, strikes, lockouts, labor troublecontroversies, by accidents, inability to secure electricityobtain fuel, gas, water, water or other fuel at the Building after reasonable effort so to do, by any accident supplies or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond the reasonable control of Landlord’s reasonable control; and . No such failures or delays or diminution (any such event, a “Service Failure”) interruption of service shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of all or any part of the Premises Leased Premises, or render Landlord liable to Tenant for damages, by abatement of rent or otherwise except as specifically provided below, or relieve Tenant from paying Rent or performing any performance of its Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of service. Notwithstanding the foregoingprovisions of this subsection above, if utility service to the PremisesLeased Premises is interrupted so that Tenant is prevented from using the Leased Premises for Tenant's normal business operations for five consecutive business days, and the cause is within Landlord's control, then Fixed Rent shall xxxxx beginning with the sixth business day and continuing until service is restored, and if any such interruption causes the Leased Premises or a any material portion of the Premises, is made untenantable thereof to be unusable for Tenant's normal business operations for more than ninety (that is90) consecutive days, Tenant canshall have the right to terminate this Lease by notice to Landlord given after the 90th day and prior to the time, if at all, such services are restored, in which event both parties shall be relieved of all further obligations hereunder. However, Tenant will not conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an any abatement of Fixed Rent payable hereunder during if the period beginning interruption in utility service arises from (i) any renovation or alteration to the Leased Premises conducted by Tenant or at Tenant's request, (ii) any wrongful act or negligence on the sixth part of Tenant or its contractors, agents, employers or representatives, or (61 iii) consecutive business day the failure by Tenant to timely pay any charges for such service and all other Rent due under this Lease. (For purposes of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethis Lease, the amount of abatement that Tenant is entitled to receive by reason of such Term "business day" means any day other than a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable Saturday, Sunday or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rightsLegal Holiday.). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Landlord does not covenant that Building services will be free from interruptions caused by repairs, improvements, changes of service, alterations, strikes, lockouts, labor controversies, accidents, inability to obtain fuel, water or supplies, actions of other tenants, licensees or other occupants of the Building or other third parties or any other cause beyond the reasonable control of Landlord. No such interruption of service shall be deemed a constructive eviction or disturbance of Tenant's use and possession of the Demised Premises or any part thereof, or otherwise render Landlord liable to Tenant agrees that Landlord shall not be liable in for damages, by abatement of Rent rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or otherwise relieve Tenant from paying Rent or performing any performance of its Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of Building services. In the event of any such interruption or stoppage of Building services, Landlord shall use commercially reasonable efforts to have such services promptly resumed. Landlord shall be deemed to have observed and performed the terms and conditions to be performed by Landlord under this Lease, including those relating to the provision of utilities and services, if in so doing it acts in accordance with a directive, policy or request of a governmental or quasi-governmental authority serving the public interest in the fields of energy conservation or security. Notwithstanding the foregoing, in the event any such interruption in services to be provided by Landlord under this Article 9 is caused by the negligence or willful misconduct of Landlord, and if such interruption causes the PremisesDemised Premises to be untenantable, or and as a material portion of result thereof Tenant in fact ceases to use the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Demised Premises for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning commencing on the sixth (61 6th) consecutive business day of the Controlled Service Failure such untenantability and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible non-use, Fixed Rent and Additional Rent payable by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon abated until the percentage earliest to occur of (a) the date such interruption is remedied, (b) the date the Demised Premises are again tenantable or (c) the date Tenant resumes use of the Premises rendered untenantable Demised Premises, or inaccessible and not used by Tenantapplicable portion thereof. Notwithstanding the foregoing, business days during which however, in the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement recover Fixed Rent or Additional Rent, or both, for such period of Rent under this Section 8.03 (in untenantability from Tenant's business interruption insurance or otherwise, then Tenant shall not be entitled to such event abatement, it being the provisions intent and agreement of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable Tenant to Tenant first proceed against its insurance carrier for any such loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentuse.

Interruption of Services. The provisions of Section 7(c) of the Original Lease are restated in their entirety as follows to shorten the time frames previously set forth therein: Except as expressly provided otherwise in this Lease, Tenant agrees that Landlord shall not be liable in damages, for damages (by abatement of Rent rent or otherwise, ) for failure to furnish or or, for delay in furnishing furnishing, any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor troubletrouble not directed solely against Landlord or its Affiliates, by inability to secure electricityfuel, gasby governmental laws, waterregulations or orders, by Landlord's compliance, in whole or other fuel at the Building after reasonable effort so to doin part with any government promulgated program (whether voluntary or mandatory), for conservation of energy by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent rent or performing any of its obligations under this Lease. Landlord's obligation to furnish services shall also be further conditioned upon the availability of adequate energy sources from the public utility companies then servicing the downtown Denver area. Landlord agrees to use reasonable efforts to restore any suspended service as soon as possible. Notwithstanding the foregoing provisions of this subparagraph 7(c), Base Rent and any applicable Expense Adjustment Amount and Tax Adjustment Amount shall be abated in the event of the disruption of services in accordance with the following provisions: (i) in the case of interruption of electrical power to the Premises resulting in a shutdown of Tenant's computers, antennas, telephones, or other office equipment, if such interruption continues for three (3) consecutive days and as a result Tenant is not using the Premises (or the affected portion), then the Base Rent and any applicable Expense Adjustment Amount and Tax Adjustment Amount for the Premises (or, if only a portion of the Premises is affected, prorated for such portion) shall be abated commencing on the first day following the third (3rd) continuous business day of such disruption until the service in question has been restored; (ii) in the case of the substantial failure of the water supply to the restroom or substantial failure of the HVAC system to the Premises or of any portion of the life safety system, and if such interruption continues for three (3) consecutive business days without Landlord having provided reasonable substitute temporary services, and as a result Tenant is not using the Premises (or portion affected) then Base Rent for the Premises and any applicable Expense Adjustment Amount and Tax Adjustment Amount (or, if only a portion of the Premises is affected, for such portion) shall be abated commencing on the first day following the third (3rd) consecutive business day of such disruption until the service in question has been restored. Notwithstanding the foregoing, if [A] in the Premises, or a material portion event that more than fifty percent (50%) of any floor included in the Premises, Premises is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days used as a result of the Service Failure disruption (other than by minimally necessary personnel), it shall be deemed that has been caused the entire floor is not used as a result of the disruption; and [B] and if more than fifty percent (50%) of the Premises is not used or deemed to be not used as a result of the disruption (other than by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”minimally necessary personnel), then Tenant, all of the Premises will be deemed not used as its sole remedy, shall be entitled to receive an abatement a result of Rent payable hereunder during the period beginning on disruption. If the sixth disruption renders more than seventy-five percent (61 75%) of the Premises untenantable (i) for over thirty (30) consecutive business day days when Landlord has, within its reasonable control, the ability to provide such utility or service, or (ii) for over 180 consecutive days in all other cases (except condemnation or casualty), then Tenant may upon delivery of written notice to Landlord, terminate this Lease which termination shall be effective upon Tenant's vacation from the Controlled Service Failure and ending Premises on the day date specified in the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure notice which date shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by within thirty (30) days after delivery Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled 's notice to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentterminate.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's right to possession, occupancy and use and possession of the Leased Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from paying Rent or performing any of the obligation to perform its obligations covenants under this Lease. Notwithstanding the foregoingLandlord shall have no liability to Tenant, if the Premisesincluding, without limitation, liability for consequential damages arising out of, resulting from, or a material portion related to any such interruption of utility service or building services. Notwithstanding anything in this Lease to the Premisescontrary, is made Landlord shall use commercially reasonable efforts to promptly restore utility service. If the Leased Premises are rendered untenantable (meaning that is, Tenant cannot conduct is unable to use such space in the normal course of its business in such portionbusiness) or inaccessible for a period in excess of more than five (5) consecutive business days as a result of the Service Failure after notice from Tenant to Landlord that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the such service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by interrupted, and provided that such restoration of service is within Landlord's reasonable control, Minimum Annual Rent and Annual Rental Adjustment shall abatx xx a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of per diem basis for each day after such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days five (5) day period during which the Leased Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all remain untenantable. In the event the Leased Premises are unusablerendered untenantable for more than thirty (30) consecutive days after notice from Tenant to Landlord, by reason and provided that such restoration of a Service Failure which arises from a fire or other casualty which service is covered by within Landlord's reasonable control, Tenant shall have the provisions of ARTICLE 13 right to terminate this Lease. Upon such termination, Tenant shall surrender the Leased Premises to Landlord in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection accordance with the failure terms of this Lease and each party shall be released from further liability hereunder; provided, however, that such termination shall not affect any security services, personnel right or equipmentobligation arising prior to termination or which survives termination of the Lease.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premisesevent that (a) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (b) the restoration of such utility service is entirely within Landlord’s control, and (c) such interruption renders all or a material portion of the Premises, is made Leased Premises untenantable (meaning that isTenant is unable to use, Tenant canand does not conduct use, such space in the normal course of its business for the Permitted Use) for more than three (3) consecutive business days, then Tenant shall notify Landlord in such portion) or inaccessible for a period in excess of five writing that Tenant intends to xxxxx rent. If service has not been restored within three (53) consecutive business days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such three (3) day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Tenant agrees that If any of the Building equipment or ------------------------ machinery ceases to function properly for any cause whatsoever, Landlord shall not use reasonable diligence to repair the same promptly. Landlord's inability to furnish, to any extent, the Project services set forth in this Section 4, or any cessation thereof resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Building shall not, except in the event of the gross negligence, willful misconduct or breach of an express obligation under this Lease by Landlord or Landlord's contractors, agents or employees, render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be liable in damagesconstrued as an eviction of Tenant, by nor except as otherwise provided herein, work an abatement of Rent any portion of Rent, nor relieve Tenant from fulfillment of any covenant or otherwiseagreement hereof. The foregoing notwithstanding, for if (i) there occurs an interruption or failure to furnish of service or delay in furnishing any servicefacilities provided by Landlord that is caused by the gross negligence, willful misconduct or breach of this Lease by Landlord or Landlord's agents, employees or contractors, or for any diminution in the quality (ii) if there occurs an interruption or quantity thereof, when such failure of service or delay or diminution is occasioned, in whole or in part, facilities provided by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by Landlord from any other cause beyond within Landlord’s 's reasonable control; control and Landlord does not begin to cure such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed failure to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of extent within its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of reasonable control within five (5) consecutive business days as a result of and thereafter diligently continue such cure to completion, then, in either case, from the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control fifth (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 5th) consecutive business day of the Controlled Service Failure and ending on existence of the day interruption until the service has been is fully restored. If the entire Premises has not been rendered untenantable or inaccessible , Base Rent payable by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure hereunder shall be prorated based upon abated for the percentage portion of the Premises rendered untenantable or inaccessible for which normal and not used customary utilization by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentimpractical.

Interruption of Services. If: (i) any service is interrupted for more than three consecutive Business Days; (ii) Tenant agrees that promptly gives Landlord shall notice of such interruption; (iii) such interruption does not be liable in damages, by abatement of Rent result from the negligent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by willful act or default omission of Tenant or other partiesTenant's Representatives, or by from any other cause beyond Landlord’s reasonable controlfailure of Tenant to comply with any term or condition of this Lease; and (iv) such failures or delays or diminution (interruption renders any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession portion of the Premises unusable or relieve inaccessible by Tenant from paying Rent or performing any in the conduct of its obligations under this Lease. Notwithstanding the foregoing, if business or materially disrupts Tenant's operations at the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission then Rent shall thereupon xxxxx with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable unusable or inaccessible, or during retroactive to the first day of the interruption, until such discontinuance is substantially remedied; provided, however, if such interruption continues for more than seven consecutive Business Days, Tenant may terminate this Lease by written notice to Landlord. If Tenant does not terminate this Lease as provided in this paragraph, then after the end of the five Business Day period, Tenant may take reasonable steps to restore such service from within the Building and shall invoice Landlord for the actual and reasonable cost thereof, which all or nearly all the Premises are unusableLandlord shall pay within 30 days of receipt thereof, by reason and if not so paid, Tenant shall have a credit in such amount against Rent next due hereunder. The abatement, right of self-help and termination right provided for in this subsection shall not apply to any interruption of a Building Service Failure caused by casualty or condemnation, which arises from a fire or other casualty which is covered shall be governed respectively by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentArticles 16 and 17.

Interruption of Services. Except for the limited abatement of Rent upon casualty or condemnation described below, Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, whatsoever by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such . Such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything to the foregoingcontrary contained in this paragraph, if if: (i) Landlord ceases to furnish any service in the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Building for a period in excess of five (5) consecutive business days after Tenant provides written notice to Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant; (iii) such cessation is not caused by a casualty or condemnation (as more fully set forth below); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to matters within Landlord’s control (“Controlled Service Failure”)use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 6th) consecutive business day of the Controlled Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe cessation in service, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises so rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that If any of the Building equipment or ------------------------ machinery (excluding any equipment or machinery installed by or on behalf of Tenant) ceases to function promptly properly for any cause Landlord shall use reasonable diligence to repair the same promptly. Landlord's inability to furnish, to any extent, the Project services set forth in this Section 4, or any cessation thereof resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Building shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be liable in damagesconstrued as an eviction of Tenant, by nor work an abatement of Rent or otherwiseany portion of rent, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or nor relieve Tenant from paying Rent fulfillment of any covenant or performing any agreement hereof. However, in the event that an interruption of its obligations under the Project services set forth in this Lease. Notwithstanding the foregoing, if the Premises, or Section 4 causes a material portion of the Premises, is made Premises to be untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of at least five (5) consecutive business days, monthly Rent shall be abated proportionately, except to the extent that such interruption is caused by or contributed to by Tenant. In addition to the foregoing but subject to Force Majeure, if Landlord fails to commence repair efforts within thirty (30) business days as a result following the date on which Landlord receives notice from Tenant that Building equipment or machinery (excluding any equipment or machinery installed by or on behalf of Tenant) has ceased to function, Tenant may give Landlord notice that it will seek to repair the problem itself; provided, however, that Tenant shall have no right to give such notice if Landlord reasonably determined that the cause of the Service Failure interruption is such that has been caused it cannot be repaired by Landlord’s act work at the Project. If Landlord fails to commence repair efforts within ten (10) business days following its receipt of a properly given such notice, Tenant may undertake repair efforts itself and pursue reimbursement from Landlord in accordance with the dispute resolution provisions contained in Section 35. Tenant acknowledges and agrees that it shall have no right to offset the costs and expenses incurred in connection with any such repair efforts against its obligations under this Lease, nor shall Tenant have any right to terminate or omission cancel this Lease by reason thereof. Tenant's right to undertake repair efforts under this Section 4F shall be available only with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such work in a Controlled Service Failure, the amount of abatement that Tenant Building which is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used occupied solely by Tenant. Notwithstanding the foregoingThe availability, business days during which the Premises or a material portion thereof are untenantable or inaccessibleif any, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions Tenant's repair rights hereunder shall not relieve Landlord of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent its obligations under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentSection.

Interruption of Services. Tenant Xxxxxx acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution withhold sums due hereunder. Notwithstanding the foregoing to the contrary, if (A) there is occasionedan interruption or stoppage of any of utility services provided to the Leased Premises which is caused by the gross negligence or willful misconduct of Landlord or its contractors, in whole employees or in partagents, by repairsand (B) such interruption or stoppage materially, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of adversely interferes with Tenant’s use and possession of the Leased Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, (or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portionthereof) or inaccessible as contemplated herein for a continuous period in excess of five two (52) consecutive business calendar days after Tenant delivers written notice of such event or occurrence to Landlord (or Landlord otherwise becomes aware of such material interruption) (and to each Mortgagee for which notice addresses have been provided to Tenant), and (C) Tenant actually does not use the affected portion or all, as a result the case may be, of the Service Failure that has been caused by LandlordLeased Premises for the operation of Tenant’s act business therein for a continuous period in excess of such two (2) calendar days (other than to stabilize or omission with respect to matters within Landlord’s control (“Controlled Service Failure”shut down ongoing laboratory procedures), then Tenantthen, as its sole remedyduring the period of time that the condition continues beyond such second (2nd) calendar day, Tenant shall be entitled to receive an equitable abatement of Rent payable hereunder during for the period beginning on affected portion or all (as the sixth (61 case may be) consecutive business day of the Controlled Service Failure Leased Premises for which such utilities are interrupted and ending on which Tenant actually does not use for the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft operation of Tenant’s propertybusiness. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the restoration of such service(s) or the restoration of such service(s) to a degree and extent sufficient to remove the material, arising out adverse interference with Xxxxxx’s use of the Leased Premises as contemplated herein or in connection with (ii) Tenant’s recommencement of use of the failure Leased Premises (or the relevant portion thereof) for the operation of any security services, personnel or equipmentTenant’s business therein.

Interruption of Services. Tenant agrees that Landlord Landlord’s obligation to provide utilities and services for the Premises are subject to the Rules and Regulations of the Building, applicable Legal Requirements (including the rules or actions of the public utility company furnishing the utility or service), and shutdowns for maintenance and repairs, for security purposes, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, or other causes beyond the control of Landlord. In the event of an interruption in, or failure or inability to provide any service or utility for the Premises for any reason, such interruption, failure or inability shall not be liable in damagesconstitute an eviction of Tenant, by abatement of Rent constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for failure to furnish consequential damages or delay in furnishing any serviceloss of business by Tenant, or for entitle Tenant to any diminution in the quality abatement or quantity thereofoffset of Monthly Rent, when such failure Additional Rent or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve amounts due from Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Legal Requirement permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if any interruption in or failure or inability to provide any of the Premisesservices or utilities described in Paragraph 17.a. or 10.b. (a “Service Interruption”) is (i) within the reasonable control of Landlord to correct and continues for five (5) consecutive Business Days after Landlord becomes aware thereof, whether by Tenant’s written notice to Landlord thereof or otherwise, or (ii) outside of Landlord’s reasonable control to correct and continues for sixty (60) or more consecutive days after Landlord becomes aware thereof, whether by Tenant’s written notice to Landlord thereof or otherwise, and Tenant is unable to conduct and does not conduct any business in a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days Premises as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)thereof, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Monthly Rent under this Section 8.03 Paragraph 5 hereof and Additional Rent under Paragraph 7 hereof, which abatement shall commence as of the first day after the expiration of such five (in 5) Business Day or sixty (60) day period (as applicable) and terminate upon the cessation of such event Service Interruption, and which abatement shall be based on the provisions portion of Section 13.01 shall govern the Premises rendered unusable for Tenant’s rightsbusiness by such Service Interruption. The abatement rights set forth above shall be inapplicable to any interruption, failure or inability described in this Paragraph 17.e. that is caused by (x) damage from fire or other casualty (it being acknowledged that such situation shall be governed by Paragraph 26 below), or (y) to any other interruption, failure or inability described in this Paragraph 17.e. In no event shall Landlord be liable to the extent caused by the negligence or willful misconduct of Tenant for any loss or damageits agents, including the theft of Tenant’s property, arising out of employees or in connection with the failure of any security services, personnel or equipmentcontractors.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesreserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electricity, cleaning, parking and other services, and to curtail, suspend, interrupt and/or stop the use of the roads providing access to the Building, without thereby incurring any liability to Tenant, when necessary by abatement reason of Rent accident or otherwise, for failure to furnish or delay in furnishing any serviceemergency, or for any diminution repairs, alterations, replacements or improvements in the quality judgment of Landlord desirable or quantity thereofnecessary, or when prevented from supplying such failure services or delay use by strikes, lockouts, difficulty of obtaining materials, accidents or diminution is occasionedany other cause beyond Landlord's reasonable control, in whole or in partby laws, orders or inability, by repairsexercise of reasonable diligence, renewalsto obtain electricity, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricitywater, gas, watersteam, coal, oil or other suitable fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiespower, or by any other cause beyond condition not reasonably within the control of Landlord’s reasonable control; and such failures . Except as expressly provided below, no diminution or delays abatement of rent or diminution (other compensation, nor any direct, indirect or 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 eventinterruption, a “Service Failure”) curtailment or suspension. Failure or omission on the part of Landlord to furnish any of the foregoing services or use shall never not be deemed to constitute construed as an eviction or disturbance of Tenant’s use and possession , actual or constructive, nor, except as expressly provided below, entitle Tenant to an abatement of the Premises or relieve rent, nor render Landlord liable in damages, nor release Tenant from paying Rent or performing prompt fulfillment of any of its obligations covenants under this Lease. Notwithstanding the foregoingIf there shall occur any interruption or reduction of service(s), and if the Premises, (i) such interruption or a material portion reduction materially interferes with Tenant's use and enjoyment of the Premises, is made untenantable and (that isii) such interruption or reduction shall continue for ten (10) days, then, commencing with the eleventh (11th) day of such interruption or reduction and continuing until such time as such service(s) have been restored to the extent necessary to avoid material interference with Tenant's use and enjoyment of the Premises, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive a reasonable reduction or abatement of rent (consistent with the extent of interference with Tenant's activities); provided, however, that Tenant shall not be entitled to such an abatement or reduction if the interruption or reduction of Rent payable hereunder during the period beginning on the sixth (61 service(s) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has results from any condition not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentreasonably within Landlord's control.

Interruption of Services. Tenant agrees that Notwithstanding the foregoing, if Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure elects to furnish one or delay in furnishing more utility services to Tenant and if Landlord is unable (by reason of causes ether than casualty or condemnation) to provide any serviceof such services or if any interruption, reduction, curtailment or for impairment to any diminution in utility service to the quality or quantity thereofPremises is caused by Landlord, when such failure or delay or diminution is occasionedand, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any either such event, if such inability or interruption, reduction, curtailment or impairment renders the whole or a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession material portion of the Premises untenantable or relieve Tenant unsuitable for the conduct of the Permitted Use, subject to and in accordance with the conditions and limitations contained herein, for a period of three (3) consecutive business days after receipt by Landlord of written notice of untenantability or unsuitability from paying Tenant, then, as Tenant's sole and exclusive remedy, Base Rent and Additional Rent for the portion of the Premises rendered untenantable or performing any unsuitable for the conduct of its obligations under this Leasethe Permitted Use, subject to the conditions and limitations contained herein, shall xxxxx pro rata from and after said third (3rd) consecutive business day until the services or Premises are restored to such a condition that the portion of the Premises affected is again rendered tenantable or suitable. Notwithstanding the foregoing, if the Premisesinterruption, reduction, curtailment or a material portion of impairment to any utility service to the Premises, Premises is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act the gross negligence or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)willful misconduct of Landlord or its employees or agents, then Tenantall Rent and other charges shall xxxxx immediately until such interruption, as its sole remedyreduction, curtailment or impairment is cured. Anything herein to the contrary notwithstanding, there shall be entitled to receive an no such abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day rent if Landlord's inability to provide such services is caused by misuse or neglect of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable Tenant or inaccessible Tenant's agents, employees or invitees or is caused by such a Controlled Service Failure, the amount shortage of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire fuel or other casualty which is covered energy supplies to be provided by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss public or damage, including the theft of Tenant’s property, arising out of private utilities or in connection with the failure of any security services, personnel suppliers or equipmentby other causes beyond Landlord's control.

Interruption of Services. Tenant agrees It is understood and agreed that Landlord shall does not be liable in damages, by abatement warrant that any of Rent or otherwise, for failure the services referred to furnish or delay in furnishing any serviceabove, or for any diminution in the quality other services which Landlord may supply, will be free from interruption. Tenant acknowledges that any one or quantity thereof, when more of such failure services may be suspended by reason of accident or delay or diminution is occasioned, in whole or in part, by repairs, renewalsalterations or improvements necessary to be made, or improvementsby strikes or lockouts, or by any strike, lockout or other labor trouble, by inability to secure electricity, gas, waterreason of operation of law, or other fuel at causes beyond the Building after reasonable effort so to do, by any accident control of Landlord. No such interruption or casualty whatsoever, by act or default discontinuance of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never service will be deemed to constitute an eviction or a disturbance of Tenant’s 's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for damages or abatement of Rent or relieve Tenant from paying Rent or the responsibility of performing any of its Tenant's obligations under this Lease. Notwithstanding the foregoingIf, if the Premises, as a result of Landlord's gross negligence or a material portion of the Premises, is made untenantable (that iswillful misconduct, Tenant cannot conduct is unable to operate its business in such portion) or inaccessible the Premises as a result of a cessation of a major service to be provided to the Premises by Landlord as set forth herein for a period in excess of more than five (5) consecutive business days, Rent shall abatx xxxil that major service is restored. If, a cessation of a major service rendering Tenant unable to operate its business in the Premises for more than five (5) business days is not a result of Landlord's gross negligence or willful misconduct, the Rent shall abatx xx a proportionate basis until that major service is restored. If, as a result of the Service Failure that has been caused by Landlord’s act 's gross negligence or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenantwillful misconduct, as its sole remedyset forth herein, shall be entitled the material services are unavailable for more than ninety (90) continuous days, the Tenant may, upon thirty (30) days written notice to receive an abatement of Rent payable hereunder during the period beginning on the sixth Landlord, terminate this Lease (61 unless such material service is restored within such thirty (30) consecutive business day of the Controlled Service Failure and ending on the day the service has been restoredperiod). If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason cessation of a Service Failure which arises from a fire major service is the result of other than Landlord's gross negligence or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event willful misconduct, the provisions of Section 13.01 17 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentapply.

Interruption of Services. Tenant agrees that Landlord shall not be in default under this Lease and shall not be liable in damages, by abatement of Rent or otherwise, to Tenant for failure to furnish or delay in furnishing any service, or for any diminution in provide services pursuant to this Article if failure to provide the quality or quantity thereof, when such failure or delay or diminution services is occasioned, in whole or in part, caused by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default factors outside of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoingforegoing or anything to the contrary in this Lease, if in the Premisesevent of an interruption for any reason other than Force Majeure or act or omission by Tenant or its agents, employees or contractors in the aforementioned central heat and air conditioning, plumbing, or a material portion electrical services serving the Leased Premises which renders the Leased Premises or any part thereof not reasonably usable by Tenant (and such part of the PremisesLeased Premises is in fact not used by Tenant solely by reason of such interruption, is made untenantable (that is, except for such limited use as Tenant cannot may require on an emergency basis) in the ordinary conduct of its business in such portion) or inaccessible for a any period in excess of five (5) consecutive business days after Landlord has received written notice from Tenant as provided in Paragraph 23.1 of this Lease of such interruption, Base Rent and Additional Rent shall be abated proportionately thereafter until such time as Landlord restores such interrupted utilities and services or otherwise provides substantially the same service by temporary or alternative means (such temporary or alternative service reasonably allowing Tenant to use the Leased Premises for general office purposes in a result manner consistent with such use under circumstances in which such temporary or alternative means are not required). If such interruption of the Service Failure that has been caused utilities and services renders the entire Leased Premises not reasonably usable (and the Leased Premises are in fact not used by Landlord’s act Tenant solely by reason of such interruption, except for such limited use as Tenant may require on an emergency basis) for a continuous period in excess of forty-five (45) consecutive business days, or omission with respect for ninety (90) or more business days (whether or not consecutive) in any twelve (12) month period, in each case following such written notice to matters within Landlord’s control (“Controlled Service Failure”)Landlord of each occurrence of such interruption, then Tenantthen, as its sole remedyin addition to any rental abatement, Tenant shall be entitled to receive an abatement terminate this Lease by giving Landlord twenty-four (24) hours written notification, to be given during such period of Rent payable hereunder during interruption, and Tenant shall have no further obligation or liability to Landlord under this Lease (other than amounts outstanding under this Lease that existed prior to the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason interruption of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible utilities and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rightsservices). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable Except as provided in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasionedthis Section 7.5, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for (i) any damage to the Premises, or (ii) any loss, damage or injury to any property therein or thereon, or (iii) any claims for the interruption of or loss or damage, including the theft of to Tenant’s propertybusiness or for any damages or consequential losses, arising out of or (iv) any interruption in connection with any utility or other services to the failure Premises. Notwithstanding the foregoing, in the event that there shall be an interruption, curtailment or suspension of any security servicesservice required to be provided by Landlord pursuant to this Lease (e.g. HVAC, personnel elevators, electrical, plumbing or equipmentmechanical systems) that interferes with Tenant’s use and enjoyment of the Premises or a material portion thereof, and Tenant does not use or occupy all or any material portion of the Premises (any such event, a “Service Interruption”), and if such Service Interruption shall continue for five (5) consecutive days as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, or a period of more than eight (8) consecutive days for any reason other than the acts or omissions of Tenant or Tenant’s agents, Tenant shall be entitled to an equitable abatement of Rent then due and payable at the time based on the area of the Premises affected, for the period that shall begin on the sixth (6th) or ninth (9th) days of Service Interruption, respectively, or any such earlier date to the extent Landlord receives rent loss insurance proceeds therefore and that shall end on the day such Service Interruption shall cease. Notwithstanding the foregoing, Tenant shall not receive any abatement if a Service Interruption results from a government act or omission, acts of war, terrorism, civil unrest, labor shortages, natural disasters or other similar causes beyond Landlord’s reasonable control unless and to the extent that Landlord receives rent loss insurance proceeds therefor. In all events, Landlord will use commercially reasonable efforts to restore the Service Interruption as soon as is reasonably practicable.

Interruption of Services. Tenant agrees that Landlord Landlord’s obligation to provide utilities and services for the Premises are subject to the Rules and Regulations of the Building, applicable Legal Requirements (including the rules or actions of the public utility company furnishing the utility or service), and shutdowns for maintenance and repairs, for security purposes, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, or other causes beyond the control of Landlord. In the event of an interruption in, or failure or inability to provide any service or utility for the Premises for any reason, such interruption, failure or inability shall not be liable in damagesconstitute an eviction of Tenant, by abatement of Rent constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for failure to furnish consequential damages or delay in furnishing any serviceloss of business by Tenant, or for entitle Tenant to any diminution in the quality abatement or quantity thereofoffset of Monthly Rent, when such failure Additional Rent or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve amounts due from Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Legal Requirement permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if any interruption in or failure or inability to provide any of the Premisesservices or utilities described in Paragraph 17.a. (each a “Service Interruption”) is (i) within the reasonable control of Landlord or its agents or employees to correct and continues for seven (7) or more Business Days after Landlord becomes aware thereof, whether by Tenant’s written notice to Landlord or otherwise, or (ii) outside of Landlord’s reasonable control to correct and continues for sixty (60) or more consecutive days after Landlord becomes aware thereof, whether by Tenant’s written notice or otherwise, and Tenant is unable to conduct, and does not conduct, any business in a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days Premises as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)thereof, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Monthly Rent under this Section 8.03 Paragraph 5 above and Additional Rent under Paragraph 7 above, which abatement shall commence as of the first (in 1st) day after the expiration of such event seven (7) Business Days or sixty (60) day period (as applicable) and to terminate upon the provisions cessation of Section 13.01 the Service Interruption and which abatement shall govern be based on the portion of the Premises rendered unusable for Tenant’s rights)business by the Service Interruption. In no event The abatement and termination rights set forth above shall Landlord be liable inapplicable to any Service Interruption that is caused by (x) damage from fire or casualty (it being acknowledged that such situation shall be governed by Paragraph 27 below) or (y) to any other Service Interruption described in this Paragraph 17.e. to the extent caused by the negligence or willful misconduct of Tenant for any loss or damageits agents, including the theft of Tenant’s property, arising out of employees or in connection with the failure of any security services, personnel or equipmentcontractors.

Interruption of Services. Tenant agrees that Landlord neither Landlord, nor any of Landlord’s constituent members, nor any of their respective beneficiaries, agents, partners or employees, shall not be liable for damage or injury to person, property or business or for loss or interruption of business, or for any other matter, in damagesthe event there is any failure, by abatement of Rent delay, interruption or otherwise, for failure to furnish or delay diminution in furnishing any service. No such failure, or for any diminution in the quality or quantity thereofdelay, when such failure or delay interruption or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable in whole or in part, actual or constructive, nor entitle Tenant to any claim for set-off, abatement (that is, Tenant cannot conduct its business except as hereinafter provided in such portionthis Section 8(f)) or inaccessible reduction of Rent, nor render Landlord liable for damages, nor relieve Tenant from the performance of or affect any of Tenant’s obligations under this lease. Notwithstanding anything to the contrary contained in this Section 5.E., if: (i) Landlord ceases to furnish any service in the Building for a period in excess of five (5) consecutive business days after Tenant notifies Landlord of such cessation; (ii) such cessation does not arise as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant or its agents, employees or invitees; (iii) such cessation is not caused by a fire or other casualty (in which case Section 17 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises, or a material portion thereof, is rendered untenantable and Tenant in fact ceases to matters within Landlord’s control (“Controlled Service Failure”)use the Premises, or a material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent and Additional Rent payable hereunder during the period beginning on the sixth (61 6th) consecutive business day of the Controlled Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe cessation in service, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises so rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable in to Tenant for any damages, by nor shall Tenant be entitled to any abatement of Rent Rent, due to any interruption or otherwise, for failure to furnish or delay in furnishing any serviceutilities or services, or for any diminution in the quality or quantity thereof, when such delay, failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, renewals or improvements, by any strike, lockout or other labor trouble, failure of any vendor, contractor or service provider to perform, by inability to secure electricity, gas, water, fuel or other fuel at supplies for the Building after (provided that Landlord uses commercially reasonable effort so efforts to doovercome such circumstances), by any accident or casualty whatsoever, by act the act, omission, or default of Tenant or other partiesTenant, or by any other cause or circumstance beyond Landlord’s reasonable control; , and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if (a) the PremisesPremises are rendered untenantable as the result of any such interruption or failure to furnish utilities or services, Confidential Treatment Requested by Evergreen Pactiv Group Inc. Pursuant to 17 C.F.R. Section 200.83 (b) such interruption or failure is caused by the negligence or willful misconduct of Landlord, and (c) such untenantability continues for a material period of five consecutive Business Days (and provided that Tenant does not, in fact, use or occupy the Premises during the period of such untenantability), then, commencing with the sixth such day and continuing until such untenantability has been remedied, Base Rent shall be abated in proportion to the portion of the PremisesPremises so rendered untenantable. Notwithstanding anything to the contrary, is made if the Premises remain untenantable for more than 180 consecutive days (and provided that isTenant does not, Tenant cannot conduct its business in fact, use or occupy the Premises during the entire period of such portionuntenantability) or inaccessible for a period in excess of five (5) consecutive business days as a result of any such interruption or failure caused by the Service Failure that negligence or willful misconduct of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord after the expiration of such 180 day period and before such untenantability has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentremedied.

Interruption of Services. Subject to Section 11.5 hereof, Tenant agrees that Landlord neither Landlord, nor any of Landlord’s constituent partners or owners, nor any of their respective agents, partners, owners, members or employees, shall not be liable for damage or injury to person, property or business or for loss or interruption of business, or for any other matter, in damagesthe event there is any failure, by abatement of Rent delay, interruption or otherwise, for failure to furnish or delay diminution in furnishing any service. Subject to Section 11.5 hereof and except as expressly provided below in this Section, or for any diminution in the quality or quantity thereofno such failure, when such failure or delay delay, interruption or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and or possession of the Premises Demised Premises, in whole or in part, actual or constructive, nor entitle Tenant to any claim for set-off, abatement or reduction of Rent, nor render Landlord liable for damages, nor relieve Tenant from paying Rent the performance of or performing affect any of its Tenant’s obligations under this Lease. Notwithstanding the foregoing, if the Premisesservices described in Sections 9.1, 9.3 or a material 9.4 (but, as to Section 9.4, only to the extent Landlord has elected to furnish electricity directly to Tenant as provided therein or to the extent the electricity interruption is caused solely by Landlord’s negligence or willful misconduct or Landlord’s failure to maintain and repair the base Building electrical systems as required under this Lease) above, are interrupted, such that Tenant is not able and actually ceases to conduct any of its customary business activities in the Demised Premises or any portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible thereof for a period in excess of five three (53) consecutive business days days, then, Base Rent and Tenant’s Expense Charge shall axxxx with respect to those portions of the Demised Premises so rendered untenantable as of the fourth (4th) consecutive business day and thereafter until such time as service is restored so that Tenant is able to or actually resumes occupancy of the Demised Premises (or such affected portion thereof, as applicable) for any of its customary business activities. Landlord shall use commercially reasonable efforts to minimize such failure, delay, interruption or diminution in furnishing the services described in Sections 9.1, 9.3 and 9.4 (but, as to Section 9.4, only to the extent Landlord has elected to furnish electricity directly to Tenant as provided therein) above. Notwithstanding any of the foregoing provisions of this Section, untenantability by reason of damage by fire or other casualty shall be governed by the provisions of Article 12 hereof. Subject to Section 11.5 hereof, in the case of any untenantability of the Demised Premises or any portion thereof as a result of the Service Failure that has been caused by Landlordmatters described in this Section, the remedies expressly set forth hereinabove in this Section shall constitute Tenant’s act or omission sole and exclusive remedies as against Landlord with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentuntenantability.

Interruption of Services. Tenant agrees that Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur because of a failure of the Building's systems or a failure of Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any serviceperform its obligations set forth herein, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the acts or negligence of Landlord or any third party under Landlord's control, including without limitation, any tenant of the Building (any such interruption of an Essential Service Failure being hereinafter referred to as a "Service Interruption"), and (ii) such Service Interruption continues for more than three (3) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day's Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such three (3) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant's normal operations or ability to use the Premises. Except if and to the extent any such failure of Landlord constitutes a default of Landlord pursuant to Section 13.2 below, the rights granted to Tenant under this Section 7.6 shall be Tenant's sole and exclusive remedy resulting from a failure of Landlord to provide services. For purposes hereof, the term "Essential Services" shall mean the following services: access to the Premises, water and sewer/septic service, HVAC service and electricity, but only to the extent that Landlord has been caused by Landlord’s act or omission an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled Basic Rent allocable to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day after each of the Controlled Service Failure conditions set forth in subsections (i) through (iii) hereof shall have been satisfied and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by only during such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason times as each of such a Controlled Service Failure conditions shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentexist.

Interruption of Services. Tenant agrees Landlord does not warrant that the services provided for in this Section 7 will be free from any irregularity or stoppage. Landlord shall not be liable in damageswill use due diligence to resume the service upon any irregularity or stoppage; provided, by however, no irregularity or stoppage of any of these services will create any liability for Landlord, constitute an eviction, actual or constructive, of Tenant, or cause any abatement of the Rent payable under this Lease, or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or purpose relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding ; provided, however, that the foregoingforegoing notwithstanding, if in the Premisesevent Tenant is deprived of elevator, water, electricity or HVAC service for a period exceeding seven (7) consecutive days, and as a result thereof Tenant is unable to and does not in fact conduct a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) from the Premises or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)any portion thereof, then Tenant, as its sole remedy, from and after such seventh (7th) day Tenant shall be entitled to receive an abatement of abatx xxx Rent payable obligations hereunder during as to the period beginning on Premises or the sixth portion thereof which is not usable (61 and not used) consecutive business day of until such time as the Controlled Service Failure and ending on the day the elevator, water, electrical or HVAC service has been (as applicable) is restored. If Tenant is deprived to any material extent of elevator, water, electricity or HVAC service for a period exceeding seven (7) consecutive days, and Tenant continues to conduct its business from the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, but the amount of abatement that Tenant is entitled to receive by reason conduct of such a Controlled Service Failure business is materially and adversely affected by the lack of such service or services, then Tenant shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an equitable abatement of a portion of its Rent under this Section 8.03 obligations hereunder from and after such seventh (in such event 7th) day until the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damageapplicable service is restored, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.based on a reasonable

Interruption of Services. Tenant agrees that In the event of an interruption in or failure or inability to provide any services or utilities to the Premises or Building for any reason (a "SERVICE FAILURE"), such Service Failure shall not, regardless of its duration, constitute a default by Landlord shall not be liable in damagesunder this Lease, by abatement impose upon Landlord any liability whatsoever (except to use commercially reasonable efforts to correct such Service Failure if the corrective measures and location of Rent such Service Failure are within Landlord's reasonable control), constitute an eviction of Tenant, constructive or otherwise, for failure entitle Tenant to furnish an abatement of rent or delay in furnishing to terminate this Lease or otherwise release Tenant from any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its 's obligations under this Lease. Notwithstanding the foregoing; provided however, if a Service Failure continues for more than seventy-two (72) consecutive hours and is caused solely by the Premiseswillful actions or active negligence of Landlord or its authorized representatives, or due to Landlord's failure to pay the utility xxxx for the Property, Base Rent for the Premises shall xxxxx from and after the end of such seventy-two (72)-hour period during the remaining period of such Service Failure. If any Service Failure is caused or contributed to by events not within the reasonable control of Landlord, and effects utility improvements owned or controlled by a material portion of the Premisesutility company, is made untenantable (that is, Tenant cannot conduct its business in Landlord's only obligation to attempt to correct such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result Service Failure shall be to notify such utility company of the Service Failure as soon as reasonably possible and to give Tenant reasonable cooperation in Tenant filing any claim against such utility company. Tenant hereby waives any benefits of any applicable existing or future Law permitting the termination of this Lease due to such interruption, failure or inability, Landlord and Tenant agreeing that has been caused by Landlord’s act all of Tenant's rights to terminate the Lease or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of or Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including interruption of services are set forth exclusively in the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentforegoing provisions.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 5.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be temporarily discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant that the availability and capacity of such utilities or building services shall continue uninterrupted and unchanged, and that any such interruption or change shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's right to possession, occupancy and use and possession of the Leased Premises or any part thereof, or except as provided below render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from paying Rent or performing any of the obligation to perform its obligations covenants under this Lease. Notwithstanding the foregoingIf any service described in Section 5.01 (A), if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portionB) or inaccessible for a period in excess of five (5C) consecutive business days is disrupted as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters an event within Landlord’s 's control that is not due to an act of Tenant, its employees, agents, invitees or contractors and the Leased Premises are rendered untenantable (“Controlled Service Failure”)which term "untenantable" for the purpose of this Lease shall mean the Leased Premises and reasonable means of access thereto cannot be used by Tenant in substantially the same manner and at the same time as Tenant has utilized the Leased Premises in the normal conduct of its business and Tenant cannot and does not occupy the Leased Premises for a period of three (3) consecutive calendar days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth commencing from and after said three (61 3) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failureperiod, the amount of abatement Rental that Tenant is entitled to receive by reason allocable for the area of the Leased Premises which is untenantable shall abatx xxx the duration of such a Controlled Service Failure shall be prorated based upon untenantability until the percentage remedy of the condition which caused the untenantability and the restoration of services necessary to allow Tenant to resume occupation of the Leased Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding for the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason normal conduct of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentits business.

Interruption of Services. Except for the limited abatement of Rent upon a fire or casualty described in Section 11, Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such . Such -11- failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, Landlord shall be entitled diligent in its efforts to receive an abatement cure any such interruption of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenantservice. Notwithstanding the foregoing, in the event that any such interruption in the furnishing of any of the foregoing services in accordance with the standards and otherwise pursuant to this Section 6C which was within the reasonable control of Landlord to prevent continues beyond twenty-four (24) hours after written notice to Landlord and materially and adversely affects Tenant's ability to conduct its business days during which in the Premises, or any portion thereof, and on account thereof Tenant ceases doing business in the Premises, or such portion thereof, Base Rent and Additional Rent pursuant to Section 3 shall equitably xxxxx from and after the date of such interference for so long as and to the extent Tenant's ability to conduct its business in the Premises or a material such portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentso affected.

Interruption of Services. Tenant agrees that If any of the services provided for in this Section 5 are interrupted or stopped, Landlord shall not be liable in damageswill use commercially reasonable due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or purpose relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding If any of the foregoing, if the Premisesservices required to be provided by Landlord under this Section 5 are not provided, or a material portion if any repair, maintenance or alteration performed by Landlord, or which Landlord fails to perform as required by this Lease, materially and adversely interferes with Tenant's use of or ingress to or egress from the PremisesBuilding, is made untenantable (that isPremises or the parking areas, Tenant cannot conduct its business in and such portion) failure or inaccessible interference with Tenant's use or ingress or egress continues for a period in excess of five (5) consecutive business days as a result 60 hours after notice of such failure or interference from Tenant to Landlord, and if such failure or interference should render all or any portion of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)Premises untenantable, then commencing upon the expiration of such 60-hour period, Tenant's Rent will equitably abatx xx proportion to the portion of the Premises so rendered untenantable for so long as such failure or interference continues. Tenant hereby waives the provisions of Sections 1932, 1933(4) and 1942 of the Civil Code of California or any similar or successor statutes to the fullest extent permitted by law, and Tenant acknowledges that, except as its specifically provided herein, in the event Landlord fails to make a repair or perform maintenance, Tenant's sole remedyremedy for such breach by Landlord shall be an action for damages or equitable relief, and that Tenant shall not be entitled to receive an abatement terminate this Lease, withhold rent, or make any repair and deduct the cost of Rent repair from rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If under this Lease; provided, that if the entire Premises has not been are rendered untenantable or inaccessible by for 180 consecutive days, then Tenant shall have the right to terminate this Lease upon 30 days prior written notice to Landlord; provided further, however, that such a Controlled Service Failure, the amount of abatement that termination right shall be void if within said 30 day period Landlord restores such services and Tenant is entitled able to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of conduct its business in the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding in substantially the foregoing, business days during which same manner as it had done prior to the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentinterruption.

Interruption of Services. Tenant agrees that Landlord shall will not be liable in damagesto Tenant or any other person, by abatement of Rent for direct or consequential damage, or otherwise, for any failure to furnish supply any heat, air conditioning, elevator, cleaning, lighting or delay in furnishing any service, security or for any diminution in the quality surges or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure interruptions of electricity, gas, water, or other fuel service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvement, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Landlord will not be liable to Tenant or any other person or entity for direct or consequential damages resulting from the admission to or exclusion from the Building after or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable effort so opinion, Landlord will have the right to doprevent access to the Building or Project during the continuance of the same by such means as Landlord, by in its reasonable discretion, may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any accident or casualty whatsoeverdiscontinuance permitted under this ARTICLE XVII, by act or default nor will such discontinuance in any way be construed as an eviction of Tenant or other parties, cause an abatement of rent or by operate to release Tenant from any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its 's obligations under this Lease. Notwithstanding the foregoing, if the Premises, (i) any interruption of utilities or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible services shall continue for a period in excess of five (5) consecutive business days as a result after written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any portion of the Service Failure that has been caused by Premises unusable for the normal conduct of Tenant's business and Tenant, in fact, ceases to use and occupy such portion of the Premises for the normal conduct of its business; and (iii) such interruption of utilities or services is primarily due to the negligence or willful misconduct of Landlord’s act or omission , then all Rent payable hereunder with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding unusable for the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft normal conduct of Tenant’s property's business in which Tenant, arising out in fact, ceases to use and occupy, shall be abated after the expiration of such five (5) business day period, in the event such utilities or in connection with services are not restored, and such abatement shall continue until such time that the failure of any security services, personnel utilities or equipmentservices are restored.

Interruption of Services. Tenant agrees that If any of the Building equipment or machinery ceases to function properly for any cause Landlord shall use reasonable diligence to repair the same promptly. Landlord's inability to furnish, to any extent, the Project services set forth in this Section 4, or any cessation thereof resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Building shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be liable in damagesconstrued as an eviction of Tenant, by nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. However, in the event that an interruption of the Project services set forth in this Section 4 causes the Premises to be untenantable for a period of at least ten (10) consecutive business days, monthly Rent or otherwiseshall be thereafter abated proportionately. Notwithstanding anything to the contrary in this section, for failure if (i) Landlord ceases to furnish or delay in furnishing any serviceelectric, or for any diminution in the quality or quantity thereofheating, when such failure or delay or diminution is occasionedcooling, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gaselevator, water, or other fuel at janitorial services to the Building after reasonable effort so to doPremises, by any accident or casualty whatsoeverand Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), by (ii) such cessation does not arise as a result of an act or default omission of Tenant Tenant, (iii) such cessation is not caused by fire or other partiescasualty (in which case Section 9 shall control), (iv) the repair or by any other cause beyond restoration of such services is reasonably within the control of Landlord’s reasonable control; , and (v) as a result of such failures or delays or diminution (any such eventcessation, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve a material portion thereof is rendered untenantable (meaning that Tenant from paying Rent or performing any is unable to use the Premises in the normal course of its obligations under business) and Tenant in fact ceases to use the Premises or a material portion thereof, sixty (60) consecutive days, Tenant may cancel this Lease by giving not less than sixty (60) days, prior written notice of its intention so to terminate to Landlord, which notice must be sent within ten (10) days after the expiration of said sixty-day period, and this Lease shall terminate as of the date specified in such notice with the same effect as if such date were the scheduled expiration date of this Lease. Notwithstanding the foregoing, if Tenant sends such a notice of cancellation and Landlord, prior to thirty (30) days after the Premisesdate of such notice, or a material portion of substantially restores the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)interrupted services, then Tenant, as its sole remedy, 's notice shall be entitled without force or effect and this Lease shall continue in full force and effect. In addition, notwithstanding this sixty (60) day time frame, provided that Landlord has promptly commenced all appropriate actions to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day reinstate delivery of the Controlled Service Failure services which will have been interrupted and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible such actions are thereafter diligently and continuously pursued by such a Controlled Service FailureLandlord in good faith, the amount sixty (60) day period be extended so that it exceeds a total of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 ninety (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment90) days.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Sections 6.01, or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution withhold sums due hereunder. Notwithstanding anything in this Lease to the contrary, Landlord shall use commercially reasonable efforts to promptly restore utility service, provided that such restoration is occasionedwithin Landlord's control. In the event restoration of service is within Landlord's control and Landlord fails to restore such service within a reasonable time under the circumstances, thereby causing the Leased Premises to be rendered untenantable by Tenant (meaning that Tenant is unable to use such space in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any normal course of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portionbusiness) or inaccessible for a period in excess of more than five (5) consecutive business days as a result after receipt of notice (which may be verbal if communicated to Landlord's property manager for the Service Failure Building) from Tenant that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the such service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by interrupted and a reasonable opportunity for Landlord to restore such service, Minimum Annual Rent shall abate on a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of per diem basis for each day after such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, five (5) business days xxx xeriod during which the Leased Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights)remain untenantable. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure Phase II Development, Landlord shall make commercially reasonable efforts to advise contractors to locate existing underground facilities serving the Building before excavating, and shall inform Tenant of any security services, personnel or equipmentthe commencement of the Phase II Development prior to the commencement of the the work.

Interruption of Services. Tenant agrees that Landlord shall not be liable Notwithstanding anything to the contrary contained in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, Tenant cannot reasonably use all or a material any portion of the Leased Premises for Tenant's intended business operation by reason of any interruption in services to be provided by Landlord (and Tenant does not in fact use such portion of the Leased Premises, is made untenantable ) and such condition exists for three (that is, Tenant cannot conduct its business in such portion3) or inaccessible for a period in excess of more consecutive business days or five (5) consecutive or more business days as within any thirty (30) day period, then Tenant's Minimum Annual Rent and Annual Rental Adjustment shall be abated for that portion of the Leased Premises that Tenant is unable to use for Tenant's intended business operations until such service is restored to the Leased Premises, provided, however, that if and to the extent that the interruption in services is not a result of the Service Failure that has been caused by Landlord’s act 's negligence or omission with respect failure to matters within Landlord’s control (“Controlled Service Failure”)act, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Tenant's Minimum Annual Rent under this Section 8.03 (in and Annual Rental Adjustment only if and to the extent that such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss is covered by Landlord's property, rental loss or damagesimilar insurance. At the time of the loss of service, including Tenant must give written notice promptly to Landlord of the theft loss of service and its claim for abatement and Tenant only shall be entitled to abatement of Minimum Annual Rent and Annual Rental Adjustment in proportion to the area rendered unusable. Landlord may prevent or stop abatement of Minimum Annual Rent and Annual Rental Adjustment by providing substantially the same service in similar quality and quantity by temporary or alternative means until the cause of the loss of service can be corrected. If any such interruption in services renders twenty-five percent (25%) or more of the Leased Premises unusable for ninety (90) or more consecutive days, Tenant shall have the right to terminate this Lease by written notice to Landlord at any time prior to the restoration of such services. Tenant shall not be entitled to the rent abatement or termination rights set forth above if the service interruption is caused by the act or omission of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement No interruption of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, services caused by repairs, renewalsreplacements, or improvements, by any strike, lockout or other labor trouble, by inability alterations to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesservice system, or by any other cause beyond the reasonable control of Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and 's possession of the Premises or relieve Tenant from paying Rent or performing any part of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion render Landlord liable to Tenant for damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Lease; except as provided below: The Rent otherwise payable under this Lease shall xxxxx in the manner described in the last sentence of this paragraph if all of the Premises, is made untenantable following conditions are met: (that is, Tenant cannot conduct its business i) Landlord ceases to furnish any service in such portion) or inaccessible for a period in excess of five (5) consecutive business days the Building as a result of a condition which affects only the Service Failure that has been Building (i.e. which does not affect office building in general in the vicinity of the Building); (ii) Tenant notifies Landlord in writing within one (1) business days after such cessation; (iii) such cessation is not caused by Landlord’s Force Majeure (as defined in Section 21 below); (iv) such cessation is not the result of an act or omission with respect of Tenant; and (v) the Premises (or a material portion thereof) is rendered untenantable (meaning that Tenant is unable to matters within Landlord’s control (“Controlled Service Failure”)use such space in the normal course of its business) and Tenant in fact ceases to use such space as a result of such cessation. As Tenant's sole3 and exclusive remedy for such cessation, then Tenanton the sixth day after all of the foregoing conditions have been met, as its sole remedy, shall be entitled to receive an abatement of the Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated equitably abated based upon the percentage of the space in the Premises so rendered untenantable or inaccessible and not being so used by Tenant. Notwithstanding , and such abatement shall continue until the foregoing, business days during which date the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentbecome fully tenantable again.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premisesevent that (i) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts, (ii) the restoration of such utility service is within Landlord’s reasonable control, and (iii) such interruption renders all or a material portion of the Premises, is made Leased Premises untenantable (meaning that isTenant is unable to use, and does not use, such space for the Permitted Use as contemplated hereunder) for more than ten (10) consecutive days, then Tenant canshall notify Landlord in writing that Tenant intends to xxxxx rent. If service has not conduct its business in such portion) or inaccessible for a period in excess of been restored within five (5) consecutive business days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such five (5) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Except as otherwise specifically provided herein, no failure to furnish or discontinuance of any service pursuant to this Article 8 shall result in any liability of Landlord to Tenant or be deemed to be a constructive eviction or a disturbance of Tenant’s use of the Premises. Without limitation to the generality of the foregoing, Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building Office Unit after reasonable effort so to do, by any accident or casualty whatsoever, whatsoever by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such . Such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything to the foregoingcontrary contained in this paragraph, if if: (i) (y) Landlord ceases to furnish any service in the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Office Unit for a period in excess of five (5) consecutive business days (or five (5) business days within a fifteen (15) business day period) after Tenant provides written notice to Landlord of such cessation and certifying that the conditions in this paragraph have been met (the “Interruption Notice”), or (z) Landlord fails to timely make any repairs, replacements or maintenance required to be performed by Landlord hereunder after Tenant provides to Landlord an Interruption Notice; (ii) such cessation or failure does not arise as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant or any of its agents, representatives, contractors or employees; (iii) such cessation or failure is not caused by a casualty or condemnation (as more fully set forth below) or any Force Majeure Causes; (iv) the restoration of such service or the performance of such repair is reasonably within the control of Landlord; and (v) as a result of such cessation or failure, the Premises or a portion thereof (other than a de minimis amount of space), is rendered untenantable and Tenant in fact ceases to matters within Landlord’s control (“Controlled Service Failure”)use the Premises, or such portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder with respect to the portion of such space so affected during the period beginning on the sixth (61 6th) consecutive business day of the Controlled Service Failure such cessation or failure and ending on the earlier to occur of (I) the day when the service in question has been restoredrestored or the repair is made, and (II) the date on which Tenant reoccupies the affected portion of the Premises for the conduct of business. If In the event the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe cessation in service, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises so rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentas set forth above.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages(a) Notwithstanding anything herein to the contrary, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution event (any such event, a “Service Failure”i) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material any portion thereof, become Untenantable due to an interruption (but excluding, however, an Unavoidable Interruption), of any or all of the following basic services (the “Basic Services”): (A) water at those points described in the Base Building Construction Documents, (B) heated and refrigerated air conditioning, in season, in accordance with the heating and air conditioning specifications included in the Base Building Construction Documents, (C) all passenger elevators for ingress and egress to all floors of (i) the Building or (ii) the Parking Garage, (D) electric power and current to the Premises, is made untenantable and (that isE) sanitary sewer service to the Premises, Tenant cannot conduct its business in and (ii) such portionfailure (a “Basic Services Failure”) or inaccessible continues for a period in excess of five (5) consecutive business days Business Days and was not caused by Tenant, then, provided Tenant, upon the occurrence of such failure, gave Landlord verbal notification thereof and promptly thereafter delivered written notice to Landlord describing such failure, Tenant shall receive a full abatement of all Rent due under this Lease with respect to the portion of the Premises so affected, which abatement shall be retroactive to date it first became Untenantable as the result of the applicable Basic Services Failure and shall continue until the date the Basic Services Failure is cured. For purposes of this paragraph, Tenant agrees that temperature ranges for the Building may vary as the result of Legal Requirements or utility restrictions, and such variations caused solely by Legal Requirements or utility restrictions shall not render the Premises Untenantable. For the avoidance of doubt, Landlord shall not be liable or responsible for, and this Section 9 shall not be applicable to, any Unavoidable Interruption. In addition to Tenant’s foregoing rights, for any failure by Landlord to provide any of the Basic Services, except as a result of the Service Failure that has been an Unavoidable Interruption or if such failure was caused by Tenant, if such failure (“Services Failure”) should continue beyond a period of fifteen (15) days (or, such longer period as is reasonably necessary to remedy such Services Failure, provided Landlord shall continuously and diligently pursue such remedy until such Services Failure is cured) after written notice thereof is given by Tenant to Landlord (and a copy of said notice is sent simultaneously therewith to any Landlord’s act or omission with respect Lender for which Landlord has previously delivered to matters within Tenant notice of such Landlord’s control (“Controlled Service Failure”Lender’s address), then then, in any such event Tenant, as its sole remedyfollowing Tenant’s delivery of a second such notice to Landlord (and a copy of said notice is sent simultaneously to any such Landlord’s Lender) and Landlord’s failure to remedy the same pursuant to the process therefor applicable to the first such notice (except that the fifteen (15) day period applicable to such first notice shall be deemed replaced with five (5) days), shall be entitled have the right to receive an abatement cure such Services Failure, and Landlord shall reimburse Tenant (which reimbursement Tenant may effect through the withholding of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled pursuant to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights)24 hereof) for all reasonable sums expended in so curing said default under the terms of this Lease. In no the event Tenant takes any action to cure a Services Failure in accordance with this paragraph, and such work affects the Base Building, Building’s Systems or the structural integrity of the Building or the Premises, (A) Tenant shall use only those contractors used by Landlord in the Building for work on such systems unless such contractors are unwilling or unable to perform such work after a reasonable request by Tenant, in which event Tenant may utilize the services of any other qualified contractor, of similar skill, competence and experience which normally and regularly performs similar work on Comparable Buildings, and (B) all such work shall be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or performed in connection accordance with the failure provisions of any security services, personnel or equipmentSection 13.

Interruption of Services. Tenant agrees that If any of the services provided for in this Lease by Landlord shall not be liable are interrupted or stopped or if there is a defect in damagessupply, character of, adequacy or quality of any of such services (collectively, a “Failure”), Landlord will use reasonable diligence to resume the service and correct the Failure; provided, however, no Failure of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property caused by any such Failure), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or purpose relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoingIf, if the Premisesdue to reasons within Landlord’s reasonable control, or a material portion any of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible services required to be provided by Landlord under this Lease should become subject to a Failure and should remain subject to a Failure for a period in excess of five (5) consecutive business days as a result 72 hours after notice of such Failure from Tenant to Landlord, and if such Failure should render all or any portion of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control Premises untenantable (“Controlled Service FailureUntenantable”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during commencing upon the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason expiration of such a Controlled Service Failure shall be prorated based upon 72 hour period, Tenant’s Rent will equitably xxxxx in proportion to the percentage portion of the Premises so rendered untenantable Untenantable for so long as such services remain subject to the Failure for such reasons. Without limiting those reasons for a Failure that may be beyond Landlord’s reasonable control, any such Failure due to the following will be deemed caused by a reason beyond Landlord’s control: (i) that is required in order to comply with any laws, ordinances or inaccessible and requests from governmental authorities; (ii) any casualty; (iii) intentionally omitted; (iv) an emergency; (v) shortages of labor or materials; or (vi) any other causes of any kind whatsoever that are beyond the control of Landlord, including, but not used by Tenant. Notwithstanding limited to: (A) lack of access to the foregoing, business days during which Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to, the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a material portion thereof are untenantable casualty; (E) disruptions of telephone and telecommunications services to the Building or inaccessiblethe Premises resulting from a casualty; or (F) blockages of any windows, doors, or during which walkways to the Building or the Premises resulting from a casualty. If, due to reasons within Landlord’s reasonable control a Failure occurs and exists for thirty (30) days after notice of such Failure from Tenant to Landlord, and if such Failure should render all or nearly all any portion of the Premises are unusableUntenantable, by reason then commencing upon the expiration of a Service such thirty (30) day period, Tenant shall have the right to terminate this Lease upon five days written notice to Landlord, provided that if such Failure which arises from a fire or other casualty which is covered by resolved within the provisions five day period, such notice of ARTICLE 13 termination shall be ineffective and this Lease shall continue in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentfull force and effect.

Interruption of Services. Tenant agrees that Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur because of a failure of the Building’s systems or a failure of Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any serviceperform its obligations set forth herein, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by acts or negligence of Landlord or any third party under Landlord’s act control, including without limitation, any tenant of the Building (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than three (3) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such three (3) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or omission if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. Except if and to the extent any such failure of Landlord constitutes a default of Landlord pursuant to Section 13.2 below, the rights granted to Tenant under this Section 7.6 shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service, HVAC service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled Basic Rent allocable to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day after each of the Controlled Service Failure conditions set forth in subsections (i) through (iii) hereof shall have been satisfied and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by only during such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason times as each of such a Controlled Service Failure conditions shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentexist.

Interruption of Services. Tenant agrees that Landlord shall not be liable in to Tenant for any damages, by nor shall Tenant be entitled to any abatement of Rent due to any interruption or otherwise, for failure to furnish or delay in furnishing any serviceutilities or Services, or for any diminution in the quality or quantity thereof, when such delay, failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, renewals or improvements, by any strike, lockout or other labor trouble, failure of any vendor, contractor or service provider to perform, by inability to secure electricityfuel or supplies for the Building, gas, water, or other fuel at the Building after provided that Landlord uses commercially reasonable effort so efforts to doovercome such circumstances, by any accident or casualty whatsoever, by act the act, omission, or default of Tenant or other partiesTenant, or by any other cause or circumstance beyond Landlord’s 's reasonable control; , and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of the Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the PremisesPremises are rendered untenantable as the result of any such interruption or failure to furnish utilities or Services, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in and such portion) or inaccessible untenantability continues for a period in excess of five (5) consecutive business days as a result of Business Days (and provided that Tenant does not, in fact, use or occupy the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder Premises during the period beginning on of such untenantability), then, commencing with the sixth (61 ) consecutive business such day and continuing until such untenantability has been remedied, Basic Rent shall be abated in proportion to the portion of the Controlled Service Failure Premises so rendered untenantable. In the Premises are rendered untenantable as the result of any such interruption or failure to furnish utilities or Services, and ending on such interruption of failure continues for a period of thirty (30) or more consecutive days (a "Prolonged Interruption"), and such Prolonged Interruption actually prevents the day the service has been restored. If Tenant from using and occupying the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, so much of the amount of abatement Premises that Tenant is entitled unable to receive conduct any of its business operations therein, then Tenant shall have the right, after thirty (30) consecutive days of Prolonged Interruption, to terminate this Lease by reason giving not less than ten (10) Business Days advance written notice to Landlord, provided, however, that if Landlord shall cause such utility or Service to be restored before the expiration of such a Controlled Service Failure ten (10) Business Day period, this Lease shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentterminate.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made (any, a “Service Interruption”). Landlord shall make diligent efforts to repair such Service Interruptions in a timely manner. In the event Landlord temporarily discontinues or diminishes any such services, it shall endeavor to provide twenty-four (24) hours’ prior notice of such intended action to Tenant. Except as provided below, Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution Service Interruption and no Service Interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Notwithstanding anything to the contrary contained in the quality or quantity thereofthis Lease, when such failure or delay or diminution if, as a result of a Service Interruption which is occasioned, not caused in whole or in part, part by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesTenant’s employees, guests, agents, contractors or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such eventsubcontractors, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, all or a material portion of the PremisesLeased Premises is untenable (meaning that Tenant is unable to use, is made untenantable (that isand actually does not use, Tenant cannot conduct such space in the normal course of its business in such portionfor the Permitted Use) or inaccessible for a period in excess of more than five (5) consecutive business days (other than as necessary for business exigencies such as accessing documentation and materials, ensuring operation and/or protection of critical systems and equipment and securing confidential information and performing such functions as Tenant deems reasonably necessary for business continuity or to meet contractual obligations (collectively, “Business Exigencies”)), then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such five (5) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof. Tenant’s abatement rights shall continue through the earlier of (i) the Service Failure date the applicable condition is cured to an extent that has been caused by LandlordTenant’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement use of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises all or a material portion thereof are untenantable of the Leased Premises is no longer materially, adversely affected or inaccessiblecurtailed, or during which all (ii) the date Tenant recommences occupancy of the Leased Premises (or nearly all the Premises are unusablerelevant portion thereof) for the conduct of business therein (other than Business Exigencies) or (iii) termination of this Lease. The foregoing provisions shall not apply in the event (a) the relevant circumstance or condition is the result of the wrongful acts or omissions of Tenant or Tenant’s employees, by reason of a Service Failure which arises from a fire agents, subtenants or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether contractors, (b) Tenant is entitled to an abatement in Default under the terms of Rent under this Section 8.03 Lease, or (c) the applicable Service Interruption is caused, in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of whole or in connection with the failure of any security services, personnel or equipmentpart by a Casualty.

Interruption of Services. Tenant agrees hereby acknowledges that any one or more of the utilities or building services specified in this Section 10 may be interrupted or diminished temporarily by Landlord or other person until certain repairs, alterations or other improvements to the Premises or other parts of the Property can be made or by any event or cause which is beyond Landlord’s reasonable control, including, without limitation, any ration or curtailment of utility services; that Landlord does not represent, warrant or guarantee to Tenant the continuous availability of such utilities or building services; and that any such interruption shall not be liable in damages, by abatement of Rent deemed or otherwise, for failure construed to furnish be an actual or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasionedconstructive eviction, in whole or in partpart or an interference with Tenant’s right of possession, occupancy and use of the Premises, shall not render Landlord liable to Tenant for damages or entitle Tenant to any reduction of Base Rent, and shall not relieve Tenant from its obligation to pay Base Rent and to perform its other obligations under this Lease or impose any liability upon Landlord or its agents by repairs, renewals, reason of inconvenience or improvements, by any strike, lockout annoyance to tenant or other labor trouble, by inability injury to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance interruption of Tenant’s use and possession of the Premises business or relieve Tenant from paying Rent or performing any of its obligations under this Leaseotherwise. Notwithstanding the foregoing, if the Premisesinterruption of services prevents Tenant from conducting business from within the Premises and is unique in its occurrence to the Office Complex and does not affect other buildings in the area generally and is not caused or exacerbated by the wrongful or intentional acts of Tenant or any of Tenant's employees, agents, invitees, servants or a material portion of the Premisescontractors, is made untenantable (that is, Tenant cannot conduct its business in and such portion) or inaccessible for a period in excess of interruption exceeds five (5) consecutive business days as a result of Business Days, the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, Base Rent herein shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on abated from the sixth (61 6th) consecutive business day Business Day following the interruption of service until such time as service is restored to the Controlled Service Failure and ending on the day the service has been restoredPremises. If the entire interruption of services prevents Tenant from conducting business from within the Premises has and is of a nature that affects other buildings in the area generally and is not been rendered untenantable caused or inaccessible exacerbated by the wrongful or intentional acts of Tenant or any of Tenant's employees, agents, invitees, servants or contractors, and such a Controlled Service Failureinterruption exceeds thirty (30) consecutive days, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure Base Rent herein shall be prorated based upon abated from the percentage thirty first (31st) consecutive day following the interruption of service until such time as service is restored to the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentPremises.

Interruption of Services. Tenant agrees that If any of the services provided for in this Section 5 are interrupted or stopped, Landlord shall not be liable in damageswill use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, cause any abatement of the Rent payable under this Lease or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or purpose relieve Tenant from paying Rent or performing any of its obligations under this Lease; provided, however, that if any of the services are interrupted or stopped (i) as a result of the gross negligence or willful misconduct of Landlord or (ii) for a period of ten (10) consecutive days for any reason outside of the reasonable control of Landlord (or forty-five (45) days in any consecutive twelve (12)-month period), and should Tenant be actually prevented from using the Premises for Tenant’s normal business activities as a result thereof, then the Rent and all other charges shall be abated during the period beginning on the date Tenant actually cannot and does not use the Premises for Tenant’s normal business activities as a result of the interruption in services and throughout such period that Tenant continues to be so prevented from using the Premises. Notwithstanding the foregoing, if Tenant is only prevented from using a portion of the Premises as a result of the service interruption but is otherwise able to use other portions of the Premises, or if Tenant is prevented from using the entire Premises but subsequently begins using a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result Rent shall be abated to the portion of the Service Failure that has been caused by Landlord’s act or omission Premises Tenant is not able to occupy and use and Tenant shall be responsible for the partial payment of Rent with respect to matters within the Premises so used. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control (“Controlled Service Failure”)control, then any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord’s control. Tenant hereby waives the provisions of Sections 1932, 1933(4) and 1942 of the Civil Code of California or any similar or successor statutes to the fullest extent permitted by Laws, and Tenant acknowledges that, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord will be an action for damages, as its sole remedy, shall and that Tenant will not be entitled to receive an abatement terminate this Lease, withhold Rent, or make any repair and deduct the cost of repair from Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentLease.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution Except as provided in the quality or quantity thereofimmediately succeeding sentence, when such failure or delay or diminution is occasioned, in whole or in part, no interruption of services caused by repairs, renewals, replacements or improvements, by any strike, lockout or other labor trouble, by inability alterations to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesservice system, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such eventcause, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of any part of the Premises or relieve render Landlord liable to Tenant from paying Rent for damages, or performing any otherwise affect the rights and obligations of its obligations Landlord or Tenant under this Lease. Notwithstanding the foregoingHowever, if (i) Landlord ceases to furnish any service in the PremisesBuilding as a result of a condition which affects only the Building (that is, which does not affect office buildings in general in the vicinity of the Building) and (ii) Tenant notifies Landlord of such cessation and (iii) such cessation is not caused by Force Majeure (as defined in Schedule 1.1) and (iv) such cessation has not arisen as a result of an act or omission of Tenant or the Tenant Parties and (v) as a result of such cessation, the Premises (or a material portion thereof) is rendered untenantable and Tenant in fact ceases to use such space in the manner used prior to such cessation, then, as Tenant’s exclusive remedy for such cessation, on the fourth (4th) consecutive day after all of the Premisesforegoing conditions have been met, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated equitably abated based upon on the percentage of the Premises so rendered untenantable or inaccessible and in fact not used by Tenant. Notwithstanding Such abatement shall begin retroactively from the foregoing, business days during which date of such cessation and continue until the date the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered become tenantable again by the provisions removal of ARTICLE 13 such cessation of services. Landlord shall in no event be considered in determining whether provide Tenant is entitled with notice of all planned outages of services and utilize commercially reasonable efforts to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentschedule all planned outages during other than during Business Hours.

Interruption of Services. Tenant agrees that If any of the services provided for in this Section 7 are interrupted or stopped, Landlord shall not be liable in damageswill use reasonable due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property or business caused by any such irregularity or stoppage or create any consequential or other damages of any kind or nature recoverable against Landlord or its agents), or cause any abatement of the Rent payable under this Lease or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or purpose relieve Tenant from paying Rent or performing any of its obligations under this Lease, unless due to the negligence of Landlord. Notwithstanding the foregoingIf, if the Premisesdue to reasons within Landlord's exclusive and reasonable control to remedy (provided such unavailability is not caused in whole or in part by Tenant, Tenant's Affiliates, invitees or a material portion contractors or any of their respective agents or employees in which case there shall be no abatement), any of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible utility services required to be exclusively provided by Landlord under this Section 7 remains unavailable for a period in excess of five (5) 5 consecutive business days as a result after written notice of such unavailability from Tenant to Landlord, and if such unavailability should render at least 25% or more of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control Premises unoccupiable for the normal conduct of its business (“Controlled Service Failure”"Untenantable"), then Tenant, as its sole remedy, shall be entitled retroactive to receive an abatement the beginning of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive such 5 business day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Controlled Service Failure and ending on the day the service has been restored. If Premises so rendered Untenantable as compared to the entire Premises has not been rendered untenantable for so long as such services remain wholly unavailable for such reasons. Without limiting those reasons for an irregularity or inaccessible by stoppage of services that may be beyond Landlord's control, any such a Controlled Service Failure, the amount of abatement irregularity or stoppage that Tenant is entitled required in order to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable comply with any Laws or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled due to an abatement event of Force Majeure, will be deemed caused by a reason beyond Landlord's control and which there shall not be any Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentabatement.

Interruption of Services. Tenant agrees In the event that the utilities or services which Landlord shall not is obligated hereunder to provide to the Premises are interrupted such that they are provided only intermittently or such utilities or services altogether cease to be liable in damages, by abatement of Rent or otherwise, for failure provided to furnish or delay in furnishing any service, or the Premises for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible reason whatsoever for a period in excess of five (5) consecutive business days, Tenant at the end of such period ("Non-Service Period") has the right to cancel and terminate this Agreement by giving written notice to the Landlord within ten (10) days as a result of the end of the Non-Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)Period, then Tenant, as its sole remedy, and this Agreement shall be entitled to receive an abatement of Rent payable hereunder during the period beginning canceled and terminated on the sixth date set forth in such notice, provided such date shall be no more than fifteen (61 15) consecutive business day days from the date of the Controlled Service Failure and ending on the day the service has been restorednotice. If the entire Premises has not been rendered untenantable Tenant or inaccessible by such a Controlled Service Failure, anyone claiming under the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage remain in possession of the Premises rendered untenantable or inaccessible any part thereof after expiration of the term of this Agreement, or any extension thereof, without any agreement in writing between the Landlord and the Tenant with respect thereto, such possession shall be deemed a month to month tenancy under all terms, covenants and conditions of this Agreement except that such tenancy may be terminated upon thirty (30) days written notice from one party to the other. At any time and from time to time during the term of this Lease during normal business hours and whether or not used Tenant is in default hereunder, the Tenant may remove any or all of the Tenant's property from the Premises. Upon the expiration or earlier termination of this Lease, the Tenant will remove all of its property from the Premises; if within ten (10) days after such expiration or termination, Tenant shall not have removed its property it shall be deemed abandoned by Tenant. Notwithstanding During such ten (10) day period Tenant shall pay to Landlord rent. Tenant shall pay the foregoing, business days during which reasonable costs to repair any damage caused to the Premises or a material portion thereof are untenantable or inaccessibleto the Building by the removal of Tenant's property. Landlord covenants and agrees with Tenant that upon Tenant paying the rent and observing the terms, or during which all or nearly all covenants and conditions on Tenant's part to be observed and performed, Tenant paying the rent and observing the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peaceably and quietly enjoy the Premises are unusabledemised hereby. The Tenant shall, at the expiration of the Term of this Lease, peaceably yield up to the Landlord the Premises and all additions made upon the same by reason the Landlord, in as good repair as at the commencement of a Service Failure which arises from a the Term, damage by fire or other casualty which casualty, reasonable wear and tear and any damage that is covered by not the provisions responsibility of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmenthereunder excepted.

Interruption of Services. Tenant agrees that If any of the services provided for in this Section 5 are interrupted or stopped, Landlord shall not be liable in damageswill use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, cause any abatement of the Rent payable under this Lease or otherwise, for failure to furnish or delay in furnishing any service, manner or for any diminution in purpose relieve Tenant from any of its obligations under this Lease; provided, however, that if any of the quality services are interrupted or quantity thereof, when such stopped for a period of longer than the Eligibility Period and the interruption is a direct result of Landlord’s failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default perform an express obligation of Tenant or other parties, or by any other cause beyond Landlord under this Lease that was otherwise within Landlord’s reasonable control; , or if any of the services are interrupted or stopped for a period of fourteen (14) consecutive business days for any reason outside of the reasonable control of Landlord (or thirty (30) business days in any consecutive twelve (12)-month period) and should Tenant be actually prevented from using the Premises, then the Rent shall be abated during the period beginning on the date Tenant actually cannot and does not use the Premises or any portion thereof as a result of the interruption in services and throughout such failures or delays or diminution (any such eventperiod that Tenant continues to be so prevented from using the Premises and does not, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance in the proportion that the Rentable Square Feet of Tenant’s use and possession the portion of the Premises or relieve that Tenant is prevented from using, and does not use, the Premises bears to the total Rentable Square Feet of the Premises. Notwithstanding the foregoing, if Tenant reoccupies and uses any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the Rental Square Feet of such reoccupied portion of the Premises bears to the total Rental Square Feet of the Premises, shall be payable by Tenant from paying the date Tenant reoccupies such space. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord’s control. Tenant hereby waives the provisions of Sections 1932, 1933(4) and 1942 of the Civil Code of California or any similar or successor statutes to the fullest extent permitted by Laws, and Tenant acknowledges that, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord, in addition to the abatement of Rent provided for in this Section, will be an action for damages, and that Tenant will not be entitled to terminate this Lease, withhold Rent, or performing make any repair and deduct the cost of its obligations repair from Rent payable under this Lease. Notwithstanding the foregoing, Tenant shall not be deemed to be using the Premises for purposes of this Section 5.3 if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of merely maintaining a skeleton crew within the affected Premises for such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern purposes as securing Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damagerecords and files, including the theft forwarding telephone communications, correspondence and deliveries, and/or otherwise enabling those aspects of Tenant’s property, arising out of or in connection with business operations previously conducted within the failure of any security services, personnel or equipmentaffected Premises to be carried on from an alternative location.

Interruption of Services. Tenant agrees that Landlord Landlord’s obligation to provide utilities and services for the Premises are subject to the Rules and Regulations of the Building, applicable Legal Requirements (including the rules or actions of the public utility company furnishing the utility or service), and shutdowns for maintenance and repairs, for security purposes, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, or other causes beyond the control of Landlord. In the event of an interruption in, or failure or inability to provide any service or utility for the Premises for any reason, such interruption, failure or inability shall not be liable in damagesconstitute an eviction of Tenant, by abatement of Rent constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for failure to furnish consequential damages or delay in furnishing any serviceloss of business by Tenant, or for entitle Tenant to any diminution in the quality abatement or quantity thereofoffset of Monthly Rent, when such failure Additional Rent or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve amounts due from Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives the provisions of any applicable existing or future Legal Requirement permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (services and/or utilities are interrupted that is, materially prevent Tenant cannot from being able to conduct its normal business in such portion) or inaccessible operations for a period in excess of greater than five (5) consecutive business days Business Days (unless such interruption is as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”a casualty, in which case Paragraph 26 of this Lease shall apply), then Tenant, as its sole remedyand exclusive remedy hereunder, shall be entitled to receive an abatement of Monthly Rent payable hereunder during and Additional Rent beginning with the period beginning on 6th Business Day of interruption until the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been services and/or utilities are restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage pro rata portion of the Premises which is rendered untenantable or inaccessible unfit for occupancy for the permitted use and actually not used by Tenant as a result of such interruption, except to the extent such interruption is caused by Tenant, its employees, agents, contractors, invitees or licensees. Notwithstanding Except in the foregoingcase of an emergency, business days during the Landlord will use commercially reasonable efforts to give Tenant at least five (5) Business Days prior notice (which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered may be given via e-mail to Tenant’s designated office representative) if Landlord intends to interrupt any services required to be furnished by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentLandlord.

Interruption of Services. Tenant agrees Landlord does not warrant that Landlord shall not any of the Project Services will be liable in damages, free from interruption. Any Project Service may be suspended by abatement reason of Rent accident or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by of necessary repairs, renewals, alternations or improvements, or by any strike, lockout strikes or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partieslockouts, or by any other cause reason of operation of law, or causes beyond the reasonable control of Landlord’s reasonable control; and such failures or delays or diminution (. Subject to possible rent abatement as may be provided pursuant to the conditions described in Section 8.1, any such event, a “Service Failure”) interruption or discontinuance of such Project Services shall never be deemed to constitute an eviction or a disturbance of Tenant’s 's use and possession of the Premises Leased Premises, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from paying Rent or performing any performance of its Tenant's obligations under this Lease. Notwithstanding ; provided, however, that should such interruption or discontinuance of Project Services which materially impairs Tenant's ability to conduct its business continue for four (4) consecutive business days, then beginning on the foregoingfifth business day, if the PremisesLandlord shall xxxxx Base Rent and Tenant's Pro Rata Share of Excess Operating Costs, or a material for that portion of the PremisesLeased premises rendered untenantable, is made untenantable (that isfrom the fifth business day after said interruption or discontinuance until the Project Services are restored. In addition, Tenant cannot conduct its business in notwithstanding anything to the contrary contained herein. if any such portion) interruption or inaccessible for a period in excess discontinuance of five (5) consecutive business days Project Services shall occur as a result of a condition which affects on the Service Failure that has been caused by Project (and does not affect office buildings in general in the Chicago-X'Xxxx area), and if (i) such interruption or discontinuance is within Landlord’s 's reasonable control, (ii) such interruption or discontinuance does not arise as a result of an act or omission with respect of Tenant, (iii) as a result of such interruption or discontinuance, the Leased Premises is rendered untenantable and Tenant in fact so ceases to matters use the Leased Premises for significant business operations, and (iv) such interruption or discontinuance continues for a period of ninety (90) consecutive days, then Tenant shall have the right to terminate this Lease by prior written notice to Landlord given within Landlord’s control thirty (“Controlled Service Failure”30) days after the expiration of such period (but prior to any restoration of Project Services), then Tenant, as its sole remedy, which termination shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day effective as of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason date of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentnotice.

Interruption of Services. Tenant agrees that If the Building equipment or machinery ceases to function properly for any cause whatsoever, or any of the services in this Section 7 are interrupted, Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure use reasonable diligence to repair the same promptly. Landlord’s inability to furnish or delay the Project services set forth in furnishing any servicethis Section 7 due to causes beyond its control, or any cessation thereof resulting from any causes, including any entry for repairs pursuant to this Lease, and any diminution in renovation, redecoration or rehabilitation of any area of the quality Building, shall not render Landlord liable for damages to either person or quantity thereofproperty or for interruption or loss to Tenant’s business, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never nor be deemed to constitute construed as an eviction or disturbance of Tenant’s use and possession of the Premises or , nor relieve Tenant from paying Rent fulfillment of any covenant or performing any of its obligations under this Lease. Notwithstanding the foregoingagreement hereof; provided, however, if the Premisesany entry by Landlord and/or interruption of service prevents Tenant from using, and Tenant does not use, all or a material any portion of the Premises, (i) and the reason for the interference is made untenantable Landlord’s entry or the reason(s) for that interruption of services lie within Landlord’s control, then upon written notice of such interference or interruption from Tenant to Landlord, Base Rent shall xxxxx in proportion to the portion of the Premises Tenant is prevented from using from three (3) business days after the date of the notice until the redelivery of that isportion of the Premises and/or restoration of all services to that portion of the Premises, Tenant canor if (ii) the reason(s) for that interruption do not conduct its business in such portion) or inaccessible lie within Landlord’s control and the interruption continues for a period in excess of five more than seven (57) consecutive business days as a result after written notice of the Service Failure that has been caused by such interruption from Tenant to Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, Base Rent shall be entitled xxxxx in proportion to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable or inaccessible Tenant is prevented from using, and Tenant does not used by Tenant. Notwithstanding use, from and after the foregoing, business days during which expiration of that seven (7) day period until the redelivery of that portion of the Premises or a material and/or restoration of all services to that portion thereof are untenantable or inaccessible, or during which all or nearly all of the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentPremises.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing; provided, if the Premiseshowever, or that if, as a material portion result of the Premisesnegligence or willful misconduct of Landlord or its agents, there is made untenantable (that is, Tenant cannot conduct an interruption or discontinuance in the furnishing of any of said services which directly results in Tenant's inability to operate its business in such portion) or inaccessible at the Premises for a period in excess of five three (53) consecutive days after Tenant notifies Landlord of such inability, Tenant's Rent obligations under this Lease shall abatx xxxm the end of such period until the earlier to occur of (i) the date on which said services are restored or (ii) the date on which Tenant resumes the operation of its business days in the Premises; and provided further that if, as a result of the Service Failure that has been caused by Landlord’s act negligence or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)willful misconduct of Landlord or its agents, then Tenant, as its sole remedy, shall be entitled to receive there is an abatement of Rent payable hereunder during interruption or discontinuance in the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure furnishing of any security services, personnel or equipment.of said services which directly results in Tenant's inability to operate its

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for any failure to furnish furnish, or delay interruption in furnishing furnishing, any serviceof the services or utilities described in this Section, due to any cause or for any diminution other reason, and, in the quality or quantity thereofsuch event, when such Tenant shall not be entitled to any damages nor shall any failure or delay interruption xxxxx or diminution is occasionedsuspend Tenant’s obligation to pay rent under this Lease or constitute a constructive eviction of Tenant or entitle Tenant to terminate this Lease. Further, in whole if any governmental authority or in partpublic utility promulgates or revises any applicable law, by repairsordinance, renewalsrule or regulation, or improvementsissues mandatory or voluntary controls relating to the use or conservation of energy, by any strike, lockout or other labor trouble, by inability to secure electricitywater, gas, waterlight or electricity, the reduction of emissions, or the provision of any other fuel at utility or service, Landlord may take any reasonably appropriate action to comply with the Building after reasonable effort so same and Tenant’s obligations hereunder shall not be affected thereby. Notwithstanding any terms and provisions of this Lease to dothe contrary, by if (i) an interruption or stoppage of an “Essential Service” (as said term is hereinafter defined) shall occur, except any accident or casualty whatsoever, by of the same due to any act or default neglect of Tenant or other partiesTenant’s agents, employees, contractors or by invitees or any other cause beyond person claiming by, through or under Tenant (any such interruption or stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than seven (7) Days after Landlord shall have received notice thereof from Tenant and such Service Interruption is within Landlord’s reasonable control; control to remedy and such failures or delays or diminution (any such event, a “Service Failure”iii) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of such Service Interruption, the Service Failure that has been caused by Landlordconduct of Tenant’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)normal operations in the Premises are materially and adversely affected, then Tenant, as its sole remedy, there shall be entitled to receive an abatement of one day’s Fixed Rent payable hereunder and Additional Rent for each day during the period beginning on the sixth which such Service Interruption continues after such seven (61 7) consecutive business day period; provided, however, that if any part of the Controlled Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service FailureInterruption, then the amount of each daily abatement that Tenant is entitled of Basic Rent and additional rent shall only be proportionate to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage nature and extent of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft interruption of Tenant’s propertynormal operations or ability to use the Premises. For purposes hereof, arising out of or in connection with the failure of term “Essential Services” shall mean the following services: water and sewer/septic service, HVAC service (but not any security servicesHVAC service to be provided by Tenant’s supplemental equipment), personnel or equipmentelectricity and access to the Premises.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesNo interruption of services caused by ------------------------ repairs, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any servicereplacements, or for any diminution in alterations to the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesservice system, or by any other cause beyond the reasonable control of Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and 's possession of any part of the Premises Premises, or relieve render Landlord liable to Tenant from paying Rent for damages, or performing any otherwise affect the rights and obligations of its obligations Landlord and Tenant under this Lease. Notwithstanding However, the foregoingrent otherwise payable under this Lease shall xxxxx in the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) if Landlord ceases to furnish any service in the Building as a result of a condition which affects only the Building (i.e. which does not affect office buildings in general in the vicinity of the Building); and (ii) if Tenant notifies Landlord in writing within one (1) business days after such cessation; and (iii) if such cessation is not caused by Force Majeure (as defined in Section 21 of this Lease); and (iv) if such cessation has not arisen as a result of an act or omission of Tenant; and (v) as a result of such cessation, if the Premises, Premises (or a material portion of the Premises, thereof) is made rendered untenantable (meaning that isTenant is unable to use such space in the normal course of its business) and Tenant in fact so ceases to use such space in the manner used prior to such cessation. As Tenant's sole and exclusive remedy for such cessation, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day after all of the Controlled Service Failure and ending on the day the service has foregoing conditions have been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failuremet, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure rent payable hereunder shall be prorated equitably abated based upon the percentage of the space in the Premises so rendered untenantable or inaccessible and not being so used by Tenant. Notwithstanding , and such abatement shall continue until the foregoing, business days during which date the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentbecome tenantable again.

Interruption of Services. Except for the limited abatement of Rent upon a fire or casualty described in Paragraph 12, and except as provided in the succeeding provisions of this Paragraph 7.C., Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and . Except as hereinafter stated, such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leaselease. Notwithstanding Unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make such repairs, alterations, or replacements during non-business hours. Landlord further agrees, where practical, to notify Tenant in advance prior to the foregoingcessation of such service, and to estimate the duration of such cessation. If Landlord ceases to furnish any of the services referred to in this Paragraph 7 and if (i) Landlord does not cure such failure within five (5) days after written notice from tenant to Landlord that Tenant intends to procure such services and (ii) tenant does not interfere with the use and enjoyment of the Building by other tenants, Tenant may procure such services from another source until such time as Landlord furnishes such service to Tenant and Landlord shall pay on demand the reasonable amount by which the cost of such service exceeds what such cost would have been to Tenant if Landlord had provided such service. If Landlord ceases to furnish any of the services referred to in this Paragraph 7 or such services are interrupted, and if (i) such cessation does not arise as a result of an act or omission of Tenant (ii) such cessation does not arise as a result of a matter or condition affecting two or more city blocks, such as a city-wide power outage, (iii) as a result of such cessation, the Premises, or a material portion of any floor within the Premises, is made rendered untenantable (that ismeaning a lack of elevator access or the inability to use any or all of the floor(s) within the Premises in the normal course of its business) and Tenant in fact so ceases to use such floor(s) for the normal conduct of its business, Tenant cannot conduct its business in and (iv) such portion) or inaccessible cessation continues for a period in excess of five seventy-two (572) consecutive business days as a result of the Service Failure hours, then, in addition to any other remedies that has been caused by Landlord’s act or omission with respect may be available to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated equitably abated based upon the percentage of the space in the Premises so rendered untenantable or inaccessible and not being used by Tenant. Notwithstanding If such cessation was caused by Landlord’s negligence or willful misconduct or was susceptible of being cured by reasonable and prompt action by Landlord and Landlord failed to cure such cessation within such 72-hour period or such longer period as may be reasonably required, Landlord shall reimburse Tenant on demand for all direct damages, such as the foregoing, business days during which the Premises cost of relocating or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire obtaining temporary telephone or other casualty which is covered office services, but not consequential damages, incurred by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an as a result thereof. The foregoing abatement of Rent under this Section 8.03 (in shall become effective as of the first business day following the day the affected floors) become(s) untenantable and Tenant ceases to use such event floors) for the provisions normal conduct of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentits business.

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.1 may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s right to possession, occupancy and use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from paying Rent or performing any of the obligation to perform its obligations covenants under this Lease. Notwithstanding the foregoinganything contained herein, if (a) there is an interruption or stoppage of any Building or mechanical system or utilities or other service and the Premisescause or cure of such interruption is within Landlord’s reasonable control (herein called a “Landlord Controlled Interruption”), and such interruption is not due to any negligence or willful misconduct by Tenant, (b) such Landlord Controlled Interruption materially and adversely interferes with Tenant’s use of the premises (or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its thereof) during business in such portion) or inaccessible hours for a period in excess of more than five (5) consecutive business days as a result after Tenant delivers written notice thereof to Landlord, and (c) Tenant actually does not use all or the affected portion of the Service Failure that has been caused by LandlordPremises, if applicable, for the operation of Tenant’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)business therein, then Tenantduring the period of time such condition continues beyond such fifth (5th) consecutive business day, as its sole remedy, Tenant shall be entitled to receive an equitable abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day rent for all of the Controlled Service Failure and ending on affected portion of the day premises, as applicable. Such rent abatement shall cease immediately upon the service has been restored. If earlier to occur of (i) the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason cessation of such a Landlord Controlled Service Failure shall be prorated based upon Interruption or (ii) Tenant’s re-commencement of use of all or the percentage affected portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding Premises, as applicable, for the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft operation of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.business therein. ARTICLE 7

Interruption of Services. Tenant agrees that Landlord shall not be liable reserves the right to interrupt any services when, in damagesLandlord's reasonable judgment, such interruption is necessary by abatement reason of Rent accident or otherwise, for failure to furnish or delay in furnishing any service, emergency or for any diminution repairs, alterations, replacements or improvements. Except in the quality case of an emergency, Landlord will notify Tenant in advance, of any interruption and its estimated duration. Landlord will undertake repairs with reasonable diligence to restore such service as promptly as reasonably possible and will conduct ordinary repairs in a manner and at times so as not to unduly interfere with or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of impair Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion enjoyment of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding anything to the foregoingcontrary in this Lease, business days during for any such interruption or interruptions of essential services which renders the Premises or a material portion thereof unusable for more than three (3) consecutive days, Landlord shall xxxxx Tenant's Rent effective the date of initial interruption of such services, until such services are untenantable or inaccessiblerestored. In the event that Landlord has not commenced repairs necessary to restore such services within fifteen (15) days after the date of initial interruption, then, notwithstanding anything to the contrary in this Lease, Tenant, at its option but after giving written notice to Landlord of Tenant's intent to exercise either of the following rights, shall have the right to (i) make repairs necessary to restore such services and the reasonable and actual costs incurred by Tenant in restoring such services may be deducted by Tenant from Base Rent, or during which all or nearly all (ii) cancel this Lease and upon such cancellation neither party shall have any further liability to the Premises are unusableother hereunder. Notwithstanding anything to the contrary in this Lease, by reason if Landlord commences repairs necessary to restore such services within fifteen (15) days after the date of a Service Failure which arises from a fire or other casualty which initial interruption and thereafter diligently pursues completion thereof but is covered by unable to restore such services within forty-five (45) days after the provisions of ARTICLE 13 initial interruption thereof, Tenant shall in no event be considered in determining whether Tenant is entitled to an abatement immediately cancel this Lease, and upon such cancellation neither party shall have any further liability to the other hereunder accruing after the effective date of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmenttermination.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damagesor responsible to Tenant for any loss, by abatement damage or expense of Rent any type which Tenant may sustain or otherwiseincur if the quantity or character of the electric service is changed, for failure to furnish or delay in furnishing any serviceis no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any diminution in electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the quality Tenant Space (or quantity thereof, when such failure to any other portion of the Building or delay or diminution is occasionedProperty) shall, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”(i) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing Space, (ii) constitute a breach by Landlord of any of its Landlord’s obligations under this Lease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate this Lease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the Property, the Building or the Tenant Space. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord, and to the extent the interruption at issue was caused by any action of Tenant, such restoration shall be performed at Tenant’s expense. Notwithstanding the foregoing, if the Premisessuch interruption was not caused by Tenant or Tenant’s employees, agents, invitees or a material portion contractors and Tenant and/or its licensees or subtenants are prevented from making reasonable use of the Premises, is made untenantable (that isTenant Space because of the unavailability of any such service, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenantshall, as its sole remedyexclusive remedy therefor, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of one days’ Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses for each day (or part thereof) that Tenant is so prevented from making reasonable use of the Tenant Space. For example, if such interruption continues for 1 minute, one day’s Base Rent under this Section 8.03 (shall be abated; if such interruption continues for a consecutive period of one day and 3 minutes, two days’ Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses shall be abated. The maximum rent abatement for any single day regardless of the number or length of interruptions in such event the provisions of Section 13.01 day shall govern not exceed one day’s Base Rent, MMR Operating Expenses and Tenant’s rights)Proportionate Share of Actual Building Operating Expenses. In no event For example, if such interruption occurs for 53 minutes, service is restored but such interruption occurs again within the same day, the rent abatement for such day shall Landlord be liable to Tenant for any loss or damageone day’s Base Rent, including the theft of MMR Operating Expenses and Tenant’s property, arising out Proportionate Share of or in connection with the failure of any security services, personnel or equipmentActual Building Operating Expenses.

Interruption of Services. In the event Tenant agrees that cannot reasonably use all or any material portion of the Premises for Tenant’s intended business operations by reason of any interruption in the services to be provided by Landlord shall not be liable in damages, by abatement of Rent pursuant to this Lease or otherwise, for Landlord’s failure to furnish or delay in furnishing any serviceproperly maintain the Premises and Building as required hereunder, or for any diminution in the quality or quantity thereof, when and such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond condition (a) results from causes within Landlord’s reasonable control; , and such failures or delays or diminution (any such event, a “Service Failure”b) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period exists in excess of five three (53) consecutive business days as a result of the Service Failure that after Landlord has been caused by Landlord’s act allowed access to the Building as necessary to make the required repairs or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)improvements, then Tenant’s Base Rent and Tenant’s Share of Operating Expenses shall be equitably abated thereafter for that portion of the Premises that Tenant is unable to use for Tenant’s intended business operations until such service is restored to the Premises or such repair or maintenance is completed by Landlord. At the time of the loss or interruption of service or failure by Landlord to maintain or repair the Premises or the Building, as Tenant must give written notice promptly to Landlord of such fact(s) and its sole remedy, claim for abatement and Tenant only shall be entitled to receive an abatement of Base Rent payable hereunder during and Tenant’s Share of Operating Expenses in proportion to the period beginning on the sixth (61 ) consecutive business day area rendered unusable and only after expiration of the Controlled Service Failure cure periods set forth above. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and ending on quantity by temporary or alternative means until the day cause of the loss of service has been restoredcan be corrected. If any such interruption in services or failure by Landlord to maintain or repair the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe Building, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage renders all or substantially all of the Premises rendered untenantable unusable for one hundred twenty (120) or inaccessible more days then such interruption of service shall constitute a casualty under Section 11.03 and Landlord and Tenant shall have all rights set forth in Section 11.03 at any time prior to the restoration of such services by Landlord (including the pertinent time frames set forth in said Subsection 11.03). Tenant shall not used by Tenant. Notwithstanding be entitled to the foregoing, business days during which rent abatement and termination rights set forth above if the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which service interruption is covered caused by the provisions act of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft omission of Tenant’s property, arising out of its agents or in connection with the failure of any security services, personnel or equipmentemployees.

Interruption of Services. In the event Tenant agrees that cannot reasonably use all or any material portion of the Premises for Tenant’s intended business operations by reason of any interruption in the services to be provided by Landlord shall not be liable in damages, by abatement of Rent pursuant to this Lease or otherwise, for Landlord’s failure to furnish or delay in furnishing any serviceproperly maintain the Premises and Building as required hereunder, or for any diminution in the quality or quantity thereof, when and such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond condition (a) results from causes within Landlord’s reasonable control; , and such failures or delays or diminution (any such event, a “Service Failure”b) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period exists in excess of five (5) consecutive business days as a result of the Service Failure that after Landlord has been caused by Landlord’s act allowed access to the Building as necessary to make the required repairs or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)improvements, then Tenant’s Base Rent and Tenant’s Share of Operating Expenses shall be equitably abated thereafter for that portion of the Premises that Tenant is unable to use for Tenant’s intended business operations until such service is restored to the Premises or such repair or maintenance is completed by Landlord. At the time of the loss or interruption of service or failure by Landlord to maintain or repair the Premises or the Building, as Tenant must give written notice promptly to Landlord of such fact(s) and its sole remedy, claim for abatement and Tenant only shall be entitled to receive an abatement of Base Rent payable hereunder during and Tenant’s Share of Operating Expenses in proportion to the period beginning on the sixth (61 ) consecutive business day area rendered unusable and only after expiration of the Controlled Service Failure cure periods set forth above. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and ending on quantity by temporary or alternative means until the day cause of the loss of service has been restoredcan be corrected. If any such interruption in services or failure by Landlord to maintain or repair the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethe Building, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage renders all or substantially all of the Premises rendered untenantable unusable for one hundred twenty (120) or inaccessible more days then such interruption of service shall constitute a casualty under Section 11.03 and Landlord and Tenant shall have all rights set forth in Section 11.03 at any time prior to the restoration of such services by Landlord (including the pertinent time frames set forth in said Subsection 11.03). Tenant shall not used by Tenant. Notwithstanding be entitled to the foregoing, business days during which rent abatement and termination rights set forth above if the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which service interruption is covered caused by the provisions act of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft omission of Tenant’s property, arising out of its agents or in connection with the failure of any security services, personnel or equipmentemployees.

Interruption of Services. Except for the limited abatement of Rent upon a fire or casualty described in Section 11 , Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewalsreplacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gasgas or other fuel, or water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; . Except in cases of emergency, Landlord shall give Tenant reasonable prior notice of any delay or diminution in any service and shall use reasonable efforts to minimize any inconvenience to Tenant where such delay or diminution is the result of Landlord's voluntary actions. Such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this LeaseLease . Notwithstanding In the foregoingevent such services are interrupted, and if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cani) such interruption does not conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days arise as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant, (ii) such interruption does not arise as a result of a matter or condition affecting two or more city blocks, such as a city-wide power outage, (iii) as a result of such interruption, the Premises or any material portion thereof is rendered untenantable (meaning Tenant’s inability to matters within Landlord’s control use the Premises or such material portion thereof in the normal course of its business) and Tenant in fact so ceases to use the Premises or such material portion thereof for the normal conduct of its business, and (“Controlled Service Failure”)iv) such interruption continues for a period of three (3) or more consecutive business days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of the Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated equitably abated based upon the percentage of the space in the Premises rendered untenantable or inaccessible and not being used by Tenant. Notwithstanding The foregoing abatement of Rent shall become effective as of the foregoing, business days during which day the Premises or a such material portion thereof are becomes untenantable or inaccessible, or during which all or nearly all and Tenant ceases to use such space for the Premises are unusable, by reason normal conduct of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentits business.

Interruption of Services. Tenant agrees Landlord does not warrant that Landlord shall not any ------------------------ service will be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, free from interruptions caused by repairs, renewals, or improvements, by any strikechanges of service, lockout or other alterations, strikes, lockouts, labor troublecontroversies, by accidents, inability to secure electricityobtain fuel, gas, water, water or other fuel at the Building after reasonable effort so to do, by any accident supplies or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond the reasonable control of Landlord’s reasonable control; and . No such failures or delays or diminution (any such event, a “Service Failure”) interruption of service shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of all or any part of the Premises Leased Premises, or render Landlord liable to Tenant for damages, by abatement of rent or otherwise except as specifically provided below, or relieve Tenant from paying Rent or performing any performance of its Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of service. Notwithstanding the foregoingprovisions of this subsection above, if utility service to the PremisesLeased Premises is interrupted so that Tenant is prevented from using the Leased Premises for Tenant's normal business operations for five consecutive business days, and the cause is within Landlord's control, then Fixed Rent shall xxxxx beginning with the sixth business day and continuing until service is restored, and if any such interruption causes the Leased Premises or a any material portion of the Premises, is made untenantable thereof to be unusable for Tenant's normal business operations for more than ninety (that is90) consecutive days, Tenant canshall have the right to terminate this Lease by notice to Landlord given after the 90th day and prior to the time, if at all, such services are restored, in which event both parties shall be relieved of all further obligations hereunder and the Letter of Credit shall be immediately returned to Tenant. However, Tenant will not conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an any abatement of Fixed Rent payable hereunder during if the period beginning interruption in utility service arises from (i) any renovation or alteration to the Leased Premises conducted by Tenant or at Tenant's request, (ii) any wrongful act or negligence on the sixth part of Tenant or its contractors, agents, employers or representatives, or (61 iii) consecutive business day the failure by Tenant to timely pay any charges for such service and all other Rent due under this Lease. (For purposes of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failurethis Lease, the amount of abatement that Tenant is entitled to receive by reason of such Term "business day" means any day other than a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable Saturday, Sunday or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rightsLegal Holiday.). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, for damages (by abatement of Rent rent or otherwise, ) for failure to furnish or any delay in furnishing any service, or for any diminution in the quality or of quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so do to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of the Tenant’s 's use and possession of the Premises or to relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if for any reason other than as a result of an act or omission of Tenant or any of its subtenants, assignees, agents, employees, contractors or invitees, or other than as a result of a fire or casualty as described in Paragraph 11 below, any service is not furnished to the Premises and if as a result thereof the Premises, or a "material portion part" (as defined below) of the Premises, is made rendered untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days days, and Tenant does not occupy the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 5-business day period, then as Tenant's sole remedy for such failure to furnish such service during such period, the Base Rent, Expense Adjustment Amount and Tax Adjustment Amount payable for such portion of the Premises which Tenant does not so occupy shall abatx xxx the period commencing on the expiration of said five (5) business day period and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. Furthermore, if for any reason other than as a result of the Service Failure that has been caused by Landlord’s an act or omission with respect of Tenant or any of its subtenants, assignees, agents, employees, contractors or invitees, or other than as a result of a fire or casualty as described in Paragraph 11 below, any service is not furnished to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, the Premises and if as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day a result thereof all of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been is rendered untenantable or inaccessible for a period of two hundred forty (240) consecutive days, and Tenant does not occupy the Premises during such 240-day periods, then in lieu of continuing the abatement described in the preceding sentence, Tenant may elect to terminate this Lease effective as of the date the Premises were rendered untenantable by delivering written notice to Landlord within thirty (30) days after the expiration of such a Controlled Service Failure240-day period, in which case neither party shall have any further liabilities or obligations hereunder, except those liabilities and obligations that are intended to survive the expiration or termination of this Lease. (As used herein, the phrase "material part" shall mean an amount in excess of abatement that Tenant is entitled to receive by reason thirty-three percent [33%] of such a Controlled Service Failure shall be prorated based upon the percentage rentable area of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable has been tendered to Tenant for any loss or damage, including occupancy as of the theft time of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentsuch interruption.)

Interruption of Services. Tenant agrees that Landlord Landlord’s obligation to provide utilities and services for the Premises are subject to the Rules and Regulations of the Building, applicable Legal Requirements (including the rules or actions of the public utility company furnishing the utility or service), and shutdowns for maintenance and repairs, for security purposes, or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, or other causes beyond the control of Landlord. In the event of an interruption in, or failure or inability to provide any service or utility for the Premises for any reason, such interruption, failure or inability shall not be liable in damagesconstitute an eviction of Tenant, by abatement of Rent constructive or otherwise, for failure to furnish or delay in furnishing impose upon Landlord any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by act Tenant, or, except as specifically provided below, entitle Tenant to any abatement or default offset of Tenant Monthly Rent, Additional Rent or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve amounts due from Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding anything contained herein to the foregoingcontrary, if in the Premisesevent that such interruption or cessation of utilities results from Landlord’s grossly negligent or willful act or omission (or the grossly negligent or willful act or omission of Landlord’s employees, agents or a material portion contractors) and renders the Premises untenantable, inaccessible or unsuitable for the ordinary conduct of the PremisesTenant’s business, is made untenantable then (that isi) Landlord shall use commercially reasonable good faith efforts to correct such interruption or cessation as soon as reasonably possible; (ii) if, Tenant cannot conduct its business in despite such portion) commercially reasonable good faith efforts by Landlord, such interruption or inaccessible cessation persists for a period in excess of five ten (510) consecutive business days as a result and Tenant is not occupying all of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)affected portion of the Premises, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Monthly Rent and Additional Rent payable hereunder during the period beginning on the sixth eleventh (61 11th) consecutive business day of such interruption or cessation; provided, however that in the Controlled Service Failure and ending on event such interruption or cessation is not due to Landlord’s gross negligence or willful misconduct (or that of Landlord’s employees, agents or contractors), then such abatement shall only apply to the day extent Landlord collects proceeds under the service policy of rental-loss insurance, the cost of which has been restoredincluded in Operating Expenses and the proceeds of which are allocable to the Premises. If No abatement of rentals as hereinabove described will apply in the entire Premises has not been rendered untenantable or inaccessible by event such a Controlled Service Failure, interruption of utilities is the amount result of abatement that Tenant is entitled any Alterations to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessiblePremises, or during which all any negligent act or nearly all omission of Tenant, its agents, employees or contractors, or any cause other than the Premises are unusablenegligent or willful act or omission of Landlord or its employees, by reason of a Service Failure which arises from a fire agents or other casualty which is covered by contractors. Tenant hereby waives the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled California Civil Code Section 1932(1) or any other applicable existing or future Legal Requirement permitting the termination of this Lease due to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss interruption, failure or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentinability.

Interruption of Services. In the event of any interruption of service required to be provided by Landlord hereunder, where such interruption is caused by the negligence or willful misconduct of Landlord, Tenant agrees that Landlord shall not be liable in damages, by entitled to abatement of Base Rent and Lease Expenses Difference in proportion to the reasonable denial of use caused by the interruption, beginning on the later of the third day after Tenant provides Landlord with notice of the interruption or otherwisethe actual date when Tenant stops using all or any affected portion of the Premises because of the interruption, for failure and continuing until the restoration of the interrupted service. Notwithstanding the foregoing, Tenant acknowledges that services to furnish be supplied by Landlord hereunder may be temporarily interrupted because of accidents, repairs, alterations, improvements or delay in furnishing any service, or for any diminution other reasons beyond the reasonable control of Landlord. Except as set forth in the quality or quantity thereof, when next sentence of this Section 7.13(c) no such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution interruption shall (any such event, a “Service Failure”i) shall never be deemed to constitute considered an eviction or disturbance of Tenant’s 's use and possession of the Premises Premises; (ii) make Landlord liable to Tenant for damages; (iii) xxxxx Basic Rent or Lease Expenses Difference or (iv) relieve Tenant from paying Rent or performing any of its obligations under this Leasehereunder. Notwithstanding the foregoingpreceding sentence, if any essential services (such as Tri-Water System, passenger elevators, electricity or water) supplied by Landlord are interrupted and the Premises, interruption does not result from the negligence or a material portion willful misconduct of the Premises, is made untenantable (that isLandlord or Landlord's Representatives, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall only be entitled to receive an abatement of Base Rent payable hereunder during the period and Lease Expenses Difference beginning on the sixth (61 ) fourth consecutive business day of the Controlled Service Failure interruption and ending on continuing until the day the service has been interrupted services are restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be in default hereunder or be liable in damagesfor any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated except as expressly provided herein, by abatement reason of Rent (i) the installation, use or otherwise, for interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, services to be provided by Landlord when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, caused by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesForce Majeure Delays, or by any other cause beyond Landlord’s reasonable control; and such failures the making of repairs or delays or diminution (any such event, a “Service Failure”) shall never be deemed improvements to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant to the Buildings; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Buildings. In the event of such an interruption, failure or delay, the rent herein reserved shall be abated as and to the extent (and only as and to the extent) that proceeds from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect rental interruption insurance are available to matters within Landlord’s control (“Controlled Service Failure”)fully reimburse Landlord for such abatement. Furthermore, then Tenant, as its sole remedy, Landlord shall be entitled to receive an abatement cooperate voluntarily in a reasonable manner with the efforts of Rent payable hereunder during national, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption provided that no material adverse impact on Tenant’s operations at the Premises results therefrom. Notwithstanding the above, in the event that (i) Tenant is not then performing Landlord’s repair and maintenance obligations pursuant to Section 7(c), (ii) such restoration of such utilities is within Landlord’s control, (iii) such interruption has continued for more than three (3) Business Days, and (iv) Landlord has not commenced to diligently prosecute the restoration of said utilities within three (3) Business Days, then Tenant shall have the right to make the necessary repairs to the Project to restore said utilities. In the event that Tenant undertakes any emergency repairs of utilities, then for a period beginning on of twenty (20) days thereafter, Landlord and Tenant shall attempt to resolve any dispute about which party should be responsible for the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restoredcost thereof. If the entire Premises has not been rendered untenantable or inaccessible parties are unable to resolve any such dispute within such twenty (20) day period, then the dispute shall be resolved by arbitration pursuant to Section 37. In the event that Tenant prevails in such a Controlled Service Failurearbitration and it is determined that Landlord shall be responsible for said costs, then Tenant shall be allowed to offset said cost against Base Rent, but in no event shall the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage offset during any month exceed five percent (5%) of the Premises rendered untenantable or inaccessible and not used by TenantBase Rent due for such month. Notwithstanding the foregoingabove, business days during which in the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all event that an interruption of utilities (the Premises are unusable, by reason correction of a Service Failure which arises from a fire or other casualty such which is covered within Landlord’s control) is (i) during the last year of the Term and (ii) continues for more than ninety (90) days, then Tenant shall have the right to terminate this Lease by delivering to Landlord written notice of its election to so terminate within ten (10) days of the provisions passing of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 the ninety (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment90) day period.

Interruption of Services. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewer, electrical current, janitorial, and other services, and to curtail, suspend, interrupt and/or stop use of entrances, lobbies and/or elevators serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of 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 act or neglect of Tenant agrees that or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by any force majeure event. Except as otherwise set forth in Section 14.5(b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or 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 otherwise expressly provided in this Lease, the 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, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve nor release Tenant from paying Rent or performing prompt fulfillment of any of its obligations covenants under this Lease. Notwithstanding anything herein to the foregoingcontrary, if in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the Premisescause thereof and, or a material portion except in case of the Premisesemergency repairs, is made untenantable (that is, Landlord will give Tenant cannot conduct its business in such portion) or inaccessible for a period in excess reasonable advance notice of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect any contemplated stoppage and will use reasonable efforts to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled avoid unnecessary inconvenience to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Failure to any extent to make available, or any slow-down, stoppage or interruption of any services described in this Paragraph 7 resulting from any cause whatsoever (other than Landlord's gross negligence) shall not render Landlord liable in any respect for damages, nor be construed as an eviction of Tenant, nor relieve Tenant agrees that from fulfillment of any covenant or agreement hereof. Should any service being furnished by Landlord be interrupted for any cause whatsoever, Tenant shall notify Landlord and Landlord shall not be liable in damagesuse reasonable diligence to restore such service promptly. For any failure by Landlord (except due to Tenant's or Tenant's agents, by abatement of Rent contractors, employees, licensees or otherwise, for failure to furnish invitees' negligence or delay in furnishing any service, or willful misconduct) for any diminution in reason to provide any of the quality or quantity thereof, when services under this Paragraph 7 if such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at materially and adversely affects the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession habitability of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion"Substantial Services Failure") or inaccessible for and continues beyond a period in excess of five forty-eight (548) consecutive business days as hours and Landlord does not commence and continue diligently to pursue to restore such service, after in each instance written notice thereof is given by Tenant to Landlord (and a result copy of said notice is sent simultaneously to any mortgagee holding a lien covering the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”Building), then Tenant, as its sole remedy, Tenant shall be entitled have the right to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by cure such a Controlled Service Substantial Services Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure and Landlord shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to reimburse Tenant for any loss or damage, including the theft all reasonable sums expended in so curing said default within forty-five (45) days after Landlord's receipt of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.third-

Interruption of Services. Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, service or for any diminution in the quality or quantity thereof, when such failure or failure, delay or diminution is occasioned, in whole or in part, by maintenance, repairs, renewalsreplacements, additions, alterations or improvements, by any strike, lockout or other labor trouble, by inability to secure water or electricity, gas, water, gas (if any) or other fuel at the Building after reasonable effort so to do, by any accident accident, fire or casualty whatsoever, by act or default of Tenant or any other partiesperson or entity, by the exercise of Landlord's rights under Paragraph 7E or by any other cause act or failure to act by any person or entity if it is beyond Landlord’s 's reasonable control; control and not caused by the negligence or willful misconduct of Landlord, and no such failures or delays failure, delay or diminution (any such event, a “Service Failure”) shall never ever be deemed to constitute an actual or constructive eviction or disturbance of Tenant’s 's use and possession of the Leased Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding ; provided, however, to the foregoingextent any such failure, if delay or diminution is caused by any circumstance described above, other than a fire or casualty covered by Paragraph 12 hereof, and Tenant's does not use the Premises, or Leased Premises as a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible result thereof for a period in excess of at least five (5) consecutive business days as a result after Tenant has given written notice to Landlord of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)such interruption, then Tenant, as its sole remedy, shall be entitled to receive an full abatement of Rent payable hereunder during the period beginning on of time following such five (5) consecutive business day period that such failure, delay or diminution continues as long as Tenant does not use the sixth Leased Premises; provided, further, that in the event such failure, delay or diminution continues uninterrupted for a period of at least sixty (61 60) consecutive days following Tenant's written notice thereof to Landlord, then if Tenant has not used the Leased Premises during such sixty (60) consecutive day period Tenant shall be entitled to terminate this Lease as an additional remedy by giving to Landlord written notice of such termination prior to the seventieth (70th) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable such uninterrupted failure, delay or inaccessible by such a Controlled Service Failure, the amount of abatement diminution that Tenant is entitled to receive by reason does not use the Leased Premises, and this Lease shall terminate thirty (30) days after Landlord's receipt of such a Controlled Service Failure shall be prorated based upon notice from Tenant unless Tenant uses the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Leased Premises or a material portion thereof are untenantable such interruption has ceased prior to the expiration of such thirty (30) day period. Upon such termination neither such party shall have any further right or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent obligation under this Section 8.03 (in Lease, except that each party shall fulfill all obligations of such event party which survive the provisions termination of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthis Lease.

Interruption of Services. Except for the limited abatement of Rent upon a fire or casualty described in Section 11 and except as hereinafter provided in this subsection, Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s 's reasonable control; and such . Such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if in the Premisesevent such failures, delays or a material portion diminutions prohibit Tenant's use or occupancy of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Premises for a period in excess of more than five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)days, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 Lease shall xxxxx from and after such five (5) day period until such services are restored and, in addition, in the event that such failures, delays or diminutions prohibit Tenant's use or occupancy of: (i) more than two- thirds (2/3) of the Rentable Area for a period of ninety (90) consecutive days or more, or (ii) more than one-third (1/3) of the Rentable Area for a period of one hundred fifty (150) consecutive days or more, then Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord within ten (10) days after such 90 day period or 150 day period, as applicable; provided, however, that Tenant shall not have the right to terminate this Lease in the event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable provides to Tenant substitute space in the Building for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment's use and occupancy until such time as such services are no longer interrupted.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages, by abatement of Rent damages or otherwise, for failure to furnish or delay in furnishing any service, or otherwise for any diminution in the quality failure or quantity thereof, when interruption of any utility or service and no such failure or delay interruption shall entitle Tenant to terminate this Lease or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Leasewithhold sums due hereunder. Notwithstanding the foregoing, if in the Premises, event that (i) an interruption of utility service to the Leased Premises is due to Landlord’s negligence or intentional wrongful acts and (ii) the restoration of such utility service is entirely within Landlord’s control and (iii) such interruption renders all or a material portion of the Premises, is made Leased Premises untenantable (meaning that isTenant is unable to use, Tenant canand does not conduct use, such space in the normal course of its business for the Permitted Use) for more than ten (10) consecutive business days, then Tenant shall notify Landlord in such portion) or inaccessible for a period in excess of writing that Tenant intends to xxxxx rent. If service has not been restored within five (5) consecutive business days of Landlord’s receipt of Tenant’s notice, then Minimum Annual Rent shall xxxxx proportionately with respect to the portion of the Leased Premises rendered untenantable on a per diem basis for each day after such five (5) business-day period during which such portion of the Leased Premises remains untenantable. Such abatement shall be Tenant’s sole remedy for Landlord’s failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. In the event of a Service Failure, the Service Failure shall not, regardless of its duration or cause (except as otherwise provided herein): (a) impose upon Landlord any liability whatsoever, (b) constitute an eviction of Tenant, constructive or otherwise, (c) entitle Tenant agrees that Landlord shall not be liable in damages, by to an abatement of Rent or otherwise, for failure to furnish or delay in furnishing any serviceterminate this Lease, or for (d) otherwise release Tenant from any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing; provided, however, if a Service Failure occurs during Business Hours and is caused by the gross negligence or willful misconduct of Landlord and Tenant cannot and does not conduct business operations in the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Base Rent under commencing as of the fifth (5th) consecutive Business Day of such Service Failure and ceasing upon the date the Service Failure ceases or Tenant recommences operations within the Premises. If the Service Failure continues more than thirty (30) consecutive days and (i) the failure or delay is not the result of a casualty or condemnation, (ii) the repair of such service is within Landlord’s reasonable control and (iii) Landlord is not diligently pursuing such repair, then Tenant may terminate this Section 8.03 Lease on that date ten (in 10) days after Landlord’s receipt of written notice to Landlord from Tenant given immediately after such event the provisions of Section 13.01 shall govern thirty (30) day period, provided if Landlord cures such Service Failure within such ten (10) day period, Tenant’s rights)termination notice shall be of no force and effect. In no event Except as provided above, Tenant waives and releases any and all Claims against Landlord associated with a Service Failure, including, without limitation, any consequential or special damages. Landlord shall Landlord be liable use good faith and diligent efforts to Tenant for cure any loss or damage, including Service Failure and restore service and utilities to the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentPremises.

Interruption of Services. Tenant agrees Landlord reserves the right to suspend the Building Services on account of fire, storm, explosion, strike, lockout, labor dispute, casualty or accident, acts of God, riot, war, terrorism, interference by civil or military authorities, or any other cause beyond Landlord’s control or for emergency, inspection, cleaning, repairs, replacement, alterations or improvements that Landlord reasonably deems necessary. Landlord shall use reasonable efforts to restore any Building Services suspended pursuant to this Section 9.9. Landlord will not be liable to Tenant for any costs, expenses or damages incurred by Tenant as a result of any failure to furnish any Building Services and such failure will not (i) be construed as a constructive eviction or eviction of Tenant, (ii) excuse Tenant from the performance of any of its obligations hereunder, or (iii) entitle Tenant to any abatement or offset against Basic Rent or Additional Rent. In addition, no deduction from Basic Rent or Additional Rent will be permitted on account of any Building Services not used by Tenant. Notwithstanding anything to the contrary contained in this Section 9.9, if (A) the suspension of Building Services results from Landlord’s gross negligence or willful misconduct, (B) such suspension continues for five (5) consecutive business days, and (C) as a result of such suspension, Tenant shall not be liable in damages, by abatement of Rent or otherwise, for failure able to furnish or delay in furnishing any service, or for any diminution in operate within the quality or quantity thereof, when such failure or delay or diminution is occasioned, Premises in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 6th) consecutive business day of until such time that the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable services are no longer suspended or inaccessible by such a Controlled Service Failurecurtailed, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Basic Rent under for the portion of the Premises which is rendered untenantable as a result of such suspension. The remedies set forth in this Section 8.03 (9.9 are the sole remedies of Tenant with respect to a suspension of services, and in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft have a claim of Tenant’s property, arising out constructive eviction as a result of or in connection with the failure such interruption of any security services, personnel or equipment.

Interruption of Services. Tenant agrees that Landlord shall not be in default hereunder or be liable in damagesfor any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated except as expressly provided herein, by abatement reason of Rent (i) the installation, use or otherwise, for interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, services to be provided by Landlord when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, caused by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other partiesForce Majeure Delays, or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other cause beyond form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption provided that no material adverse impact on Tenant’s operations at the Premises results therefrom. Notwithstanding the above, if, through no fault of Tenant, the Premises are rendered unusable or inaccessible for the normal conduct of Tenant’s business as a result of Landlord’s failure (i) to provide to the extent expressly required by Section 13(b), (a) electricity, heating and/or air conditioning or other service required to be provided by Landlord under this Lease, (b) hot and cold water from points of supply, or (c) elevator service (so long as at least one (1) elevator to the 4th floor of the Leased Premises is operational, Landlord shall be deemed to be providing elevator service), or (ii) to maintain the Building in compliance with applicable Law (each, an “Abatement Event”), and the means to remedy such failure are within Landlord’s reasonable control; and , then Tenant shall deliver to Landlord notice of such failures or delays or diminution Abatement Event (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use Abatement Notice”), and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible Abatement Event continues for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Business Days after Landlord’s act or omission with respect to matters within Landlordreceipt of Tenant’s control Abatement Notice (the “Controlled Service FailureEligibility Period”), then then, without limitation as to any right of Landlord under any insurance policy, the Base Rent and Tenant, as its sole remedy, ’s Share of Expenses and Real Estate Taxes shall be entitled to receive an abatement of Rent payable hereunder during abated in the period beginning on proportion that the sixth (61 ) consecutive business day rentable area of the Controlled Service Failure and ending on portion of the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled prevented from using, and does not use, bears to receive by reason the total rentable area of the Premises, after the expiration of the Eligibility Period until such a Controlled Service Failure shall be prorated based upon time as the percentage Abatement Event is reasonably remedied or Tenant is no longer prevented from using such portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding for the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft normal conduct of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentbusiness.

Interruption of Services. Tenant agrees that neither Landlord, nor any of Landlord's beneficiaries (if Landlord is a land trust), nor the managing agent of the Property nor any of their respective agents, partners or employees shall not be liable for damage or injury to person, property or business or for loss or interruption of business, or for any other matter, in damagesthe event there is any failure, by abatement of Rent delay, interruption or otherwise, for failure to furnish or delay diminution in furnishing any service, or for any diminution in the quality or quantity thereofand no such failure, when such failure or delay delay, interruption or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's use and or possession of the Premises Leased Premises, in whole or in part, actual or constructive, entitle Tenant to any claim for set-off, abatement or reduction of Rent, render Landlord liable for damages, or relieve Tenant from paying Rent the performance of or performing affect any of its Tenant's obligations under this Lease. Notwithstanding anything to the foregoingcontrary contained herein, if in the Premisesevent Landlord fails to furnish heating, air-conditioning, electricity, water, elevator service or housekeeping (each, a material portion of “Major Service”) to the PremisesLeased Premises as required under this Lease, is made untenantable and such failure: (that is, Tenant cannot conduct its business in such portioni) or inaccessible continues for a period in excess of five more than three (53) consecutive business days as or more than a total of twelve (12) days in any calendar year; and (ii) is not caused solely and directly by an act of Tenant or any of Tenant’s agents, employees, contractors, directors, officers, members, shareholders and partners (collectively, the “Tenant Parties, and each, a “Tenant Party”); and (iii) is not caused by condemnation, fire or other casualty; and (iv) is not the result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)Force Majeure, then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent payable hereunder during only with respect to that portion of the period Leased Premises so affected, beginning on the sixth fourth (61 4th) consecutive business day or thirteenth (13th) day, as the case may be, of the Controlled Service Failure and ending on such failure to the day immediately preceding the service day on which the Major Service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

Interruption of Services. Tenant agrees Notwithstanding anything in this Lease to the contrary, in the event that Landlord shall not be liable (i) the provision of any of the foregoing services set forth in damages, by abatement of Rent or otherwise, for failure this Section 7.4 to furnish or delay in furnishing any servicethe Premises is interrupted, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution Tenant is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability prevented from having access to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in collectively an “Abatement Event”) and (ii) such portion) or inaccessible Abatement Event continues for a period in excess of five (5) consecutive business days Business Days after Tenant first notifies Landlord of such Abatement Event in writing, and (iii) as a result of thereof Tenant is unable to and does not in fact conduct business from the Service Failure that has been caused by Landlord’s act Premises or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)any applicable portion thereof, then Tenantfrom and after such five (5) consecutive Business Day period, as its sole remedy, Tenant shall be entitled to receive an abatement xxxxx its rent obligations (Basic Rent and all additional rent) hereunder as to the Premises or any applicable portion thereof which is not usable or accessible (including Saturdays and Sundays during which the Abatement Event continues), until such time as Tenant is reasonably able to use or access the Premises, as applicable. To the extent that the unusable or inaccessible portion of Rent payable hereunder during the period beginning on Premises prevents Tenant from conducting its business in such unusable or inaccessible portion, and the sixth remaining portion of the Premises is not sufficient to permit Tenant to effectively conduct its business therein, and Tenant does not conduct its business in any portion of the Premises, then for such time after expiration of the five (61 5) consecutive Business Day period during which Tenant is prevented from conducting its business day of the Controlled Service Failure therein, Tenant’s Rent obligations (Base Rent and ending on the day the service has been restored. If additional rent) for the entire Premises has not been rendered untenantable or inaccessible by shall be abated; provided, however, that if any part of the Premises is reasonably useable for Tenant’s operations in the Premises notwithstanding such a Controlled Service FailureAbatement Event, then the amount of each daily abatement that Tenant is entitled of Basic Rent and additional rent shall only be proportionate to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage nature and the extent of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft interruption of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentnormal operations.

Interruption of Services. Tenant agrees that Landlord shall not be liable Subject to the remaining provisions of this Section 9.3, in damages, by abatement the event of Rent an interruption in or otherwise, for failure or inability to furnish provide any services or delay in furnishing any service, utilities to the Premises or Building for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution reason (any such event, a “Service Failure”) ), such Service Failure shall never be deemed to not, regardless of its duration, impose upon Landlord any liability whatsoever, constitute an eviction of Tenant, constructive or disturbance otherwise, entitle Tenant to an abatement of Rent or to terminate this Lease or otherwise release Tenant from any of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives any benefits of any applicable existing or future Law permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if there is a Service Failure which is (a) specific to the PremisesBuilding and/or Project (as opposed to an interruption or curtailment in services which extends beyond the Building or Project), or a material portion (b) causes the Premises to be untenantable, (c) is not caused by an event of the PremisesForce Majeure, is made untenantable and (that is, Tenant cannot conduct its business in such portiond) or inaccessible lasts for a period in excess of more than five (5) consecutive business days as Business Days or otherwise prevents Tenant from being able to access the Premises for more than five (5) consecutive Business Days and Tenant in-fact does not access the Premises for five (5) consecutive Business Days, then Tenant will be entitled to deliver Landlord a result of notice stating that if the untenantability caused by the Service Failure that has been caused by is not cured within five (5) Business Days following Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”)receipt of such notice, then Tenant, as its sole remedy, shall Tenant will be entitled to receive an abatement of Base Rent payable hereunder during as provided in this Section 9.3. If Tenant properly delivers such an abatement notice to Landlord, and the period beginning on untenantability caused by the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has is not been rendered untenantable or inaccessible by remedied within such a Controlled Service Failurefive (5) Business Day period, the amount of abatement that then Tenant is shall thereafter be entitled to receive by reason an abatement of such a Controlled Service Failure shall be prorated based upon Base Rent (in proportion to the percentage portion of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure) until such Service Failure which arises from a fire or other casualty which is covered remedied, as reasonably determined by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentLandlord.

Interruption of Services. Tenant Licensee agrees that Landlord neither Licensor, nor any of Licensor's constituent members, nor any of their respective agents, partners or employees, shall not be liable for damage or injury to person, property or business or for loss or interruption of business, or for any other matter, in damagesthe event there is any failure, by abatement of Rent delay, interruption or otherwise, for failure to furnish or delay diminution in furnishing any service. No such failure, or for any diminution in the quality or quantity thereofdelay, when such failure or delay interruption or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s Licensee's use and or possession of the Premises Premises, in whole or in part, actual or constructive, nor entitle Licensee to any claim for set-off, abatement or reduction of License Fees (except as provided below in this paragraph), nor render Licensor liable for damages, nor relieve Tenant Licensee from paying Rent the performance of or performing affect any of its Licensee's obligations under this LeaseLicense Agreement. However, Licensor shall use commercially reasonable efforts to minimize any such failure, delay, interruption or diminution. Notwithstanding the foregoing, if the Premises, or a material portion any of the PremisesLicensor’s services being provided under this Section 6 are interrupted, such that Licensee is made untenantable (that is, Tenant cannot able and actually ceases to conduct any of its customary business activities in such portion) or inaccessible the Premises for a period in excess of five (5) consecutive business days as a result of days, then, the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent License Fees payable hereunder during the period beginning on shall xxxxx as of the sixth (61 6th) consecutive business day and thereafter until such time as service is restored so that Licensee is able to or actually resumes occupancy of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage any portion of the Premises rendered untenantable for any of its customary business activities. If such failure of services of the nature and extent described in the preceding sentence continues for fifteen (15) business days, then Licensee shall also have the right to terminate this License Agreement by delivery of written notice thereof to Licensor on or inaccessible and not used by Tenant. Notwithstanding before the foregoing, business days during which first to occur of Licensor’s restoration of such services or Licensee’s occupancy of any portion of the Premises or a material portion thereof are untenantable or inaccessiblefor the conduct of its customary business operations therefrom (time being of the essence), or during which all or nearly all whereupon this License Agreement shall terminate as of the Premises are unusabledate of Licensor’s receipt of such notice, by reason as if such date was the stated expiration date of a Service Failure which arises from a fire or other casualty which is covered by the provisions term hereof. The rights of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent Licensee under this Section 8.03 subparagraph (d) shall be the sole recourse of Licensee in such event the provisions case of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentservices as described above in this subparagraph (d).

Interruption of Services. Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s 's right to possession, occupancy and use and possession of the Leased Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant or Landlord from paying Rent or performing any of the obligation to perform its obligations covenants under this Lease. Notwithstanding the foregoing, if (i) the Premisesrestoration of service is entirely within Landlord's control, or (ii) Landlord negligently fails to restore such service within a material portion of reasonable time, and (iii) the Premises, is made Leased Premises are therefore untenantable (meaning that is, Tenant cannot conduct is unable to use such space in the normal course of its business for the use permitted under this Lease for more than seven (7) consecutive business days, then Tenant shall notify Landlord (and Landlord's lender, if any) in such portion) or inaccessible for a period in excess of writing that Tenant intends to abatx xxxt. If service has not been restored within five (5) consecutive business days of Landlord's receipt of Tenant's notice, then Minimum Annual Rent shall abatx xx a per diem basis for each day after such seven (7) day period during which the Leased Premises remain untenantable. Such abatement shall be Tenant's sole remedy (excluding Tenant's right to sue xxx constructive eviction) for Landlord's failure to restore service as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentthereof.

Interruption of Services. Tenant agrees that Except as provided in Article 10 with respect to a casualty or Article 11 with respect to a taking by power of eminent domain, in the event of any interruption or failure of utility service or other service required to be furnished by Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure pursuant to furnish or delay in furnishing any servicethis Article 5, or for any diminution in occurrence which poses a legitimate threat to the quality health or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default safety of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of persons occupying the Premises or relieve Tenant from paying Rent otherwise renders the Premises untenantable, the following provisions shall be applicable: (a) in the event that such interruption, failure or performing any occurrence continues for a period of its obligations under this Lease. Notwithstanding the foregoingin excess of five consecutive business days, if the Premises, or a material portion of the PremisesPremises is rendered untenantable as a result of such interruption, failure or occurrence, and the repair of the cause of such interruption, failure or occurrence is made a matter within Landlord's reasonable control, then, as Tenant's sole remedy at law or in equity in connection therewith, Tenant's obligation to pay Rent shall be equitably abated during the period of such interruption, failure or occurrence; (b) in the event that such interruption, failure or occurrence continues for a period of in excess of fifteen consecutive business days and a material portion of the Premises is rendered untenantable as a result of such interruption, failure or occurrence, regardless of whether the repair of the cause of such interruption, failure or occurrence is a matter within Landlord's reasonable control, Tenant's obligation to pay Rent shall, as Tenant's sole remedy at law or in equity in connection therewith, be equitably abated during the period of such failure or interruption; and (c) in the event that issuch interruption, Tenant cannot conduct its business in such portion) failure or inaccessible occurrence continues for a period in excess of five (5) ninety consecutive business days and 50% or more of the Premises is rendered untenantable as a result of such interruption, failure or occurrence, regardless of whether the Service Failure that has been caused by Landlord’s act or omission with respect to matters repair of the cause of such interruption is a matter within Landlord’s control 's reasonable control, Tenant may, as Tenant's sole remedy at law or in equity in connection therewith (“Controlled Service Failure”other than the abatement provided in (a) or (b) above, as applicable), then Tenant, as its sole remedy, shall be entitled elect to receive an abatement of Rent payable hereunder during terminate this Lease by giving written notice to Landlord at any time prior to the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason restoration of such a Controlled Service Failure shall be prorated based upon the percentage services or cure of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentoccurrence.

Interruption of Services. Tenant agrees Landlord does not warrant that Landlord any of the Project Services will be free from interruption to the extent that such interruption is beyond the reasonable control of Landlord, or in case of an emergency. Any Project Service may be suspended or limited by reason of accident or (upon reasonable advance notice to Tenant, except in the case of an emergency) of necessary repairs, alterations or improvements, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Subject to possible Rent abatement as may be provided pursuant to the conditions described in Paragraph 8, and except as hereinafter specifically provided in this Subparagraph 5.2, any such interruption or discontinuance of such Project Services shall not be deemed a disturbance of Tenant's use and possession of the Leased Premises, or render Landlord liable in damages, to Tenant for damages by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any performance of its Tenant's obligations under this Lease. However, Landlord shall use its best efforts to maintain the Project Services and cause the Project Services to be restored promptly. Notwithstanding the foregoing, if in the Premisesevent that there occurs an interruption of Project Services (the "Interruption") which renders the Leased Premises untenantable, or in the reasonable judgment of Tenant, such that Tenant is unable to conduct its normal business operations, and Tenant therefore ceases doing business in a material portion of the Leased Premises, is made untenantable Tenant shall give Landlord written notice of the untenantability and Tenant shall have the following rights: (that isi) regardless of the cause of the Interruption, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of should Landlord fail, within five (5) consecutive business days as a result following the effective date of Tenant's notice, to commence and diligently pursue steps necessary to restore the affected Project Services, then Base Rent and Tenant's Pro Rata Share of Excess Operating Costs shall be abated in the proportion to the Leased Premises rendered untenantable, commencing on the effective date of Tenant's notice and continuing until the affected Project Services are restored to the standard prescribed by this Lease; (ii) if the cure of the Service Failure that has been caused by Landlord’s act or omission with respect to matters Interruption is within Landlord’s control (“Controlled Service Failure”)'s control, then should Landlord fail, within ten (10) business days following the effective date of Tenant's notice, as its sole remedyto cure the Interruption, Base Rent and Tenant's Pro Rata Share of Excess Operating Costs shall be entitled abate in the manner described in Subsection 5.2(i) above, and Tenant xxxxl have the right to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day effect a cure of the Controlled Service Failure same and ending on to bill Landlord the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason reasonable cost of such a Controlled Service Failure shall be prorated based upon the percentage repair; and (iii) should txx xause of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding Interruption and/or its cure be beyond the foregoingcontrol of Landlord, business then should Landlord fail, within sixty (60) days during which following the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft effective date of Tenant’s property's notice, arising out to restore the affected Project Services, then Base Rent and Tenant's Pro Rata Share of or Excess Operating Costs shall abate as provided in connection with the failure Subsections 5.2(i) and (ii) above, but Tenant sxxxx have no right to attempt a cure of any security services, personnel or equipmentsuch Interruption.

Interruption of Services. Tenant agrees that Neither Landlord nor Landlord’s beneficiary (if applicable), nor any company, firm or individual operating, maintaining, managing or supervising the plant or facilities furnishing any of the services described in the paragraph immediately preceding, nor any of their respective directors, officers, shareholders, agents or employees shall not be liable in to Tenant, or any of Tenant’s employees, agents, customers, or invitees or anyone claiming through or under Tenant, for any damages, by abatement injuries, losses, expenses, claims or causes of Rent action, because of any interruption or otherwise, for failure to furnish or delay in furnishing discontinuance at any service, or time for any diminution reason in the quality furnishing of any of the services described in the paragraph immediately preceding; nor shall any interruption or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never discontinuance be deemed to constitute an eviction or disturbance of Tenant’s use and or possession of the Premises or any part thereof; nor shall any such interruption or discontinuance relieve Tenant from paying Rent or performing any full performance of its Tenant’s obligations under this Lease. Notwithstanding the foregoing, if any interruption or discontinuance of such services renders the Premises, or a material portion of the Premises, is made Premises untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of more than five (5) consecutive business days as a result of (the Service Failure that has been “Eligibility Period”) and such interruption or discontinuance is not caused by Landlord’s fire or casualty or the act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then of Tenant, as its sole remedyemployees or agents, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled not using the untenantable portion, Rent shall xxxxx on a per diem basis proportionately to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage portion of the Premises rendered untenantable and unused by Tenant from the sixth such day until said portion of the Premises is again rendered tenantable or inaccessible and not is used by Tenant. Notwithstanding To the foregoingextent rental loss insurance carried by Landlord, business days during the premiums for which the Premises or a material portion thereof are untenantable or inaccessibleincluded in Operating Expenses, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant covers rent loss for any loss or damageportion of the Eligibility Period, including the theft Eligibility Period shall be reduced to the extent of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipmentsuch coverage.