Common use of Interruption of Services Clause in Contracts

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of 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, 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 Datacenter. In the event of the interruption of any such service, 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.

Interruption of Services. Landlord reserves the right to stop service of the heating, air conditioning/ventilation, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, cooled or outside air, elevator, plumbing, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance to be relieved from any Tenant, or injury to or interruption of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rent's business, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right otherwise. Notwithstanding anything to terminate the contrary contained in this Lease, if Landlord fails to take such measures as may be reasonable under the circumstances to restore an "essential" service or services (viwhich, for the purposes of this subsection I, shall be deemed to mean passenger elevator service (a minimum of one (1) make elevator), electricity and heat required to be furnished by Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating pursuant to the making terms of or this Lease within fifteen (15) consecutive business days after Tenant has notified Landlord that such service has ceased (a "Substantial Services Failure"), which failure renders the entire Premises unusable and as a result thereof Tenant ceases to make conduct business therein, provided and upon the condition that this Lease is in full force and effect and Tenant is not in default hereunder beyond the expiration of any repairsapplicable notice and grace periods, 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 Rent and additional rent shall be abated throughout the duration of the Property, curtailment beyond the Building or the Datacenteraforesaid fifteen (15) day business period (as extended due to force majeure events). In the event Landlord is unable to cure a Substantial Services Failure because of a force majeure event including, without limitation, the acts or omissions of Tenant or any of Tenant's agents, employees or contractors, then the fifteen (15) business day period shall be extended one (1) day for each day of such force majeure event. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue the restoration of interrupted services. In no event shall Tenant be entitled to claim a constructive eviction from the Premises or a breach of lease by Landlord unless Tenant shall first have notified Landlord in writing of the interruption of any such servicecondition or conditions giving rise thereto, howeverand, if the complaints are justified, unless 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 have failed, within the reasonable control of Landlordfifteen (15) business day period provided for above, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to force majeure events.

Interruption of Services. Landlord reserves the right to stop the service of the HVAC System or the elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance to be relieved from any Tenant, or injury to or interruption of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rentbusiness, or other charges)otherwise; provided, however, that notwithstanding the foregoing, that if such event continues for longer than ten (10) business days in any one instance because Landlord shall be unable to supply any service which Landlord is obligated to supply hereunder, and provided (x) such failure is not the result of Force Majeure or casualty damage, (ivy) grant Tenant does not occupy the Premises for the conduct of its business during such period and (z) such failure shall not have resulted from the negligence or willful misconduct of Tenant or any right of setoff its contractors, agents, employees, servants, licensees or recoupmentinvitees, then the Rent and other charges payable hereunder shall be abated (vor in the event only a portion of the Premises is affected, proportionately abated based upon the square footage lost) provide for the period of time commencing on the 11th day following the date Tenant with any right to terminate this Leasewas precluded from using the Premises or the portion of the Premises actually vacated until the earlier of (i) such time as Tenant reoccupies the Premises or such portion thereof, as applicable, for the conduct of its business, or (viii) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, 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 Datacenter. In the event of the interruption of any such service, however, Landlord shall employ commercially reasonable efforts to restore time as such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordfully restored.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of 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, 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 Property or the DatacenterBuilding. In the event of the interruption of any such service, 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.

Interruption of Services. Landlord reserves the right to stop service of the heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements, decorations or improvements shall have been completed. Landlord shall endeavor to give reasonable advance notice of any planned interruption of services and agrees to perform any repairs necessitating an interruption in services in a manner intended to minimize interference with the conduct of Tenant's business in the Premises during normal business hours, provided the foregoing shall not obligate Landlord to engage overtime or premium pay labor in connection therewith, unless Tenant agrees to pay for the same in advance. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, elevator, plumbing, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority (including, without limitation, regulations which require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance 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 interruption of Tenant’s business 's business, or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating otherwise. Notwithstanding anything contained in this Lease to the making contrary, if Landlord fails to restore an Aessential@ service or services (which, for the purposes of this subsection I, shall be deemed to mean passenger elevator service (a minimum of one (1) elevator), electricity and heat or failure makes or fails to make any repairs, alterations repairs or improvements, perform any maintenance required to be made or whether arising from or related performed by Landlord pursuant to the provision terms of this Lease within ten (10) consecutive days after Landlord has knowledge thereof or failure Tenant has notified Landlord of the needed repair or maintenance or of such service failure, whichever is earlier and as a result thereof the Premises or any "material part" thereof is not reasonably usable and as a result thereof Tenant ceases to provide for conduct its business in the Premises or to restore any service in or to any that portion of the PropertyPremises affected, the Building Base Rent and additional rent shall be abated in the proportion to the space that Tenant is required to, and in fact, discontinues use of, commencing on the expiration of such ten (10) day period until the earlier of date such repair is made or maintenance completed or Tenant recommences its use of the DatacenterPremises or such part thereof for the conduct of its business therein. For the purposes of this subsection I, the term "material part" shall mean not less than twenty-five (25%) percent of the area of the Premises. In the event Landlord is unable to make any repairs or perform any maintenance obligations because of the interruption acts or omissions of Tenant or any of Tenant's agents, employees or contractors or by reason of strikes or labor troubles or by accident, laws, governmental preemption in connection with a National Emergency or by reason of any rule, order or regulation of any federal, state, county or municipal authority or any department or subdivision thereof or any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency, then the ten (10) day period shall be extended one (1) day for each day such serviceTenant delay or other impossibility exists, however, but not in excess of an additional thirty (30) days beyond such initial ten (10) day period. A copy of any notice from Tenant to Landlord given pursuant to this subsection I shall employ commercially reasonable efforts not be deemed effective unless and until a copy of said notice is sent simultaneously to restore such service the holder of any Mortgage encumbering the Building whose identity and address have been sent to Tenant or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordwho has entered into a Non-Disturbance Agreement with Tenant.

Interruption of Services. Landlord reserves the right to stop service of the heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, or improvements which, in the commercially reasonable judgment of Landlord, are necessary to be made, until said repairs, additions, alterations, replacements, or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, outside air, elevator, plumbing, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance to be relieved from any Tenant, or injury to or interruption of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rent's business, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right otherwise. Notwithstanding anything to terminate the contrary contained in this Lease, or in the event that, as a result of (via) make Landlord liable lack of access for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating Tenant to the making Premises and/or (b) the failure of or failure to make any repairsof the mechanical systems in the Premises (including, alterations or improvementswithout limitation, or whether arising from or related electricity) and/or (c) the inoperability elevators to the provision Premises, Tenant is unable to conduct its operations in the Premises for a period of seven (7) consecutive business days then, unless the said condition or failure to provide for conditions hereinabove set forth result from the negligence or to restore any service in wrongful acts of Tenant, its agents, employees, contractors or to any portion of the Propertyinvitees, the Building or Fixed Rent shall thereafter xxxxx on a per diem basis until such time as Tenant is able to resume its operations in the Datacenter. In the event of the interruption of any such service, 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 LandlordPremises.

Interruption of Services. Landlord reserves the right, to the extent necessary, to stop service of the HVAC system and all other Building systems including the elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, or improvements in the judgment of Landlord necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. Tenant acknowledges that the Building HVAC system may contain freon or other chlorofluorocarbons (CFC's) and that future federal, state or city regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC'S. In connection therewith (i) Landlord reserves the right to stop service of the HVAC system or any other mechanical systems containing CFC's for such duration as may be necessary to convert any such systems to eliminate the use of CFC's and (ii) to enter upon the Premises, as necessary to install replacement equipment within the Premises required by any such change. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance 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 interruption of Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements's business, 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 Datacenter. In the event of the interruption of any such service, 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 Landlordotherwise.

Interruption of Services. Landlord reserves the right to stop service of the HVAC system and all other Building systems when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed (which repairs shall be performed in accordance with Section 4 of this Lease). Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, plumbing or electricity when prevented by Unavoidable Delays or by any legal requirement, or its right to stop services. Tenant acknowledges that the Building HVAC system may contain freon or other chlorofluorocarbons ("CFC's") and that future federal, state or city regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's. In connection therewith (i) Landlord reserves the right to stop service of the HVAC system or any other mechanical systems containing CFC's for such duration as may be necessary to convert any such systems to eliminate the use of CFC's and (ii) to enter upon the Premises, as necessary to install replacement equipment within the Premises required by any such change. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance 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 interruption of Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements's business, or whether arising from or related otherwise. If, however, there occurs a cessation of the services to be provided by Landlord hereunder as a result of Landlord's acts, and solely as a result thereof Tenant completely ceases to occupy the provision Premises entirely (that is, Tenant completely vacates the entire Premises) for more than fifteen (15) consecutive days, the Rent shall thereafter xxxxx until the earlier to occur of or failure to provide for or to restore any (a) the date such interrupted service in or to is resumed and (b) the date Tenant re-occupies any portion of the Property, the Building or the Datacenter. In the event of the interruption of any such service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances Premises (in which such restoration is within event the reasonable control of LandlordRent shall thereafter be payable in its entirety).

Interruption of Services. Landlord reserves the right to stop service of the heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, or improvements which, in the commercially reasonable judgment of Landlord, are necessary to be made, until said repairs, additions, alterations, replacements, or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, outside air, elevator, plumbing, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause reasonably beyond Landlord’s control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance to be relieved from any Tenant, or injury to or interruption of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rentbusiness, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right otherwise. Notwithstanding anything to terminate the contrary contained in this Lease, or in the event that, as a result of (via) make Landlord liable lack of access for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating Tenant to the making Premises and/or (b) the failure of or failure to make any repairsof the mechanical systems in the Premises (including, alterations or improvementswithout limitation, or whether arising from or related electricity) and/or (c) the inoperability elevators to the provision Premises, Tenant is unable to conduct its operations in the Premises for a period of seven (7) consecutive business days then, unless the said condition or failure to provide for conditions hereinabove set forth result from the negligence or to restore any service in wrongful acts of Tenant, its agents, employees, contractors or to any portion of the Propertyinvitees, the Building or Fixed Rent shall thereafter axxxx on a per diem basis until such time as Tenant is able to resume its operations in the Datacenter. In the event of the interruption of any such service, 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 LandlordPremises.

Interruption of Services. Landlord reserves the right to stop service of the heating/air conditioning, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements, decorations or improvements shall have been completed, or if an Event of Default occurs.. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat/air conditioning, elevator, plumbing, electricity or mechanical service when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority, or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. Notwithstanding anything to the contrary contained in this Lease, if Xxxxxx is unable to use the Premises for damages of any type or entitle Tenant to be relieved from any the ordinary conduct of Tenant’s obligations under this Lease business due solely to (including the obligation to pay Base Rent, Additional Rent, or other charges), (iva) 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, 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 Datacenter. In the event of the an interruption of any such service, 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.an Essential Service (as

Interruption of Services. Landlord shall not be in default under this Lease or liable or responsible to Tenant for any lossdamages directly or indirectly resulting from (a) the installation, damage use or expense interruption of use of any type which Tenant may sustain or incur if equipment in connection with the quantity or character furnishing of any of the utility-provided electric service foregoing services; or (b) the failure to furnish or delay in furnishing any such services, where such failure is changedcaused by any act of God or the elements; a shortage or unavailability of necessary materials, is no longer availablesupplies or labor; a shortage or interruption in transportation facilities; riots; civil disturbances; insurrection; war; court order; public enemy; accidents; breakage; strikes, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical lockouts or other service labor disputes; the making of repairs, replacements, alterations, additions or improvements to the PremisesPremises or the Building; the inability to obtain an adequate supply of fuel, gas, steam, water, electricity or other utilities or services; or any other condition beyond Landlord’s reasonable control, and Tenant shall not be entitled to any damages resulting from such failure or to any diminution or abatement in any Rent or other portion amounts payable by Tenant hereunder. In no event shall such failure be construed as a constructive or other eviction of Tenant. If any governmental authority promulgates or revises any statute, ordinance or building, fire or other code, or imposes mandatory controls or guidelines on Landlord or the Building or Propertyany part thereof related to the use or conservation of energy, shallwater, in any eventgas, (i) constitute an eviction steam, light or disturbance of Tenant’s use and possession of electricity or the Tenant Space, (ii) constitute a breach by Landlord provision of any of Landlord’s obligations other utility or service provided under this Lease, (iii) render Landlord liable for damages may, in its sole discretion, comply with such mandatory controls or guidelines. If at any time, the owners of a significant number of buildings in San Francisco, California comparable to the Building have elected to comply voluntarily with any request or guideline of any type applicable governmental authority, Landlord may also comply with such request or guideline. Such compliance shall in no event entitle Tenant to be relieved from any of Tenant’s obligations damages, or any diminution or abatement in any Rent or other amounts payable by Tenant under this Lease (including the obligation to pay Base Rent, Additional Rent, or constitute or be construed as a constructive or other charges)eviction of Tenant. Tenant shall comply with all rules, (iv) grant Tenant regulations and requirements of applicable governmental authorities or utility companies concerning the use of utility services, including any right rationing, limitation or other control on the quantity of setoff utilities used 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, 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 Datacenter. In the event of the interruption of any such service, 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 Landlordconsumed.

Interruption of Services. Landlord shall not be liable or responsible reserves the right to Tenant for any loss, damage or expense stop the furnishing of any type which Tenant may sustain or incur if Building services and the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of the Building Systems to perform repairs or Property, shallAlterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary by reason of accident or emergency. If any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach Building Systems or services required to be provided by Landlord pursuant to this Article 7 or Article 8 below shall be interrupted, curtailed or stopped, Landlord shall use reasonable efforts with due diligence to resume such service; provided, however, that Landlord shall have no liability whatsoever by reason of any such interruption, curtailment or stoppage of any of such services (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply electricity, water, steam, oil or other fuel, strikes, lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause beyond Landlord’s reasonable control or for any other reason), including, without limitation, any liability for damages to Tenant’s personal property or for interruption of business caused by any such interruption or stoppage, nor shall the same constitute an actual or constructive eviction or entitle Tenant to any abatement or diminution of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. Notwithstanding the foregoing, (iii) render Landlord liable for damages to the extent that any such interruption or stoppage is not required by Law, is not caused by the negligence or willful act of any type Tenant or entitle Tenant to be relieved from any of its employees, agents, contractor or subcontractors and is caused by a factor within Landlord’s reasonable control, and causes Tenant’s obligations under this Lease inability to conduct business in at least fifty percent (including 50%) of the obligation to pay Base Rentrentable area of the Premises for a period of ten (10) consecutive business days, Additional Rentand Tenant does not actually occupy or conduct its business in such portion of the Premises during such period, or other charges)for each subsequent business day on which Tenant is unable to, (iv) grant Tenant any right and does not actually, so conduct business in such portion of setoff or recoupmentthe Premises as a result thereof, (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, whether foreseeable or not, whether arising from or relating there shall be an abatement of Rent in proportion to the making of or failure area Tenant is unable to make and does not actually use. In any repairsevent, alterations or improvementsLandlord shall use commercially reasonable, or whether arising from or related to the provision of or failure to provide for or good faith efforts to restore any service in or to any portion of the Property, the Building or the Datacenter. In the event of the interruption of any such service, 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 Landlordinterrupted services as soon as possible.

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 responsible otherwise, for failure to Tenant furnish or delay in furnishing any service, or for any lossdiminution in the quality or quantity thereof, damage when such failure or expense of any type which Tenant may sustain delay or incur if the quantity diminution is occasioned, in whole or character of the utility-provided electric service is changedin part, is no longer availableby repairs, renewals, or is no longer suitable for Tenant’s requirementsimprovements, except as expressly set forth on Exhibit “F”by any strike, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical lockout or other service labor trouble, by inability to the Premisessecure 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 portion of the Building cause beyond Landlord's reasonable control; and such failures or Property, shall, delays or diminution shall in any event, (i) such event not be deemed to constitute an eviction or disturbance of Tenant’s 's use and possession of the Premises or relieve Tenant Spacefrom paying Rent or performing any of its obligations under this Lease. Notwithstanding anything in this Lease to the contrary, 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 reason other than (i) reasons arising as a result of negligence, willful misconduct on the part of Tenant or any of Tenant's contractors, agents or employees or breach of this Lease by Tenant, (ii) constitute a breach by Landlord reasons arising out of any Tenant's use and occupancy of Landlord’s obligations under this Leasethe Premises, (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, 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 Datacenter. In the event of the interruption of any such service, 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 reason within the reasonable control of LandlordTenant, Tenant is unable to use all or a portion of the Premises for its business purposes for a period of seven (7) consecutive days, the Base Rent and Additional Rent relating to periods subsequent to such seven (7) day period and thereafter due hereunder shall xxxxx until Tenant is again able to use such portion of the Premises for its business purposes.

Interruption of Services. Landlord shall not be liable or responsible reserves the right to Tenant for any loss, damage or expense temporarily stop the furnishing of any type which Tenant may sustain or incur if Building services and the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of the Building Systems to perform repairs or Property, shallAlterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary by reason of accident or emergency. If any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach Building Systems or services required to be provided by Landlord pursuant to this Article 7 or Article 8 below shall be interrupted, curtailed or stopped, Landlord shall use reasonable efforts with due diligence to resume such service; provided, however, that Landlord shall have no liability whatsoever by reason of any such interruption, curtailment or stoppage of any of such services (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply electricity, water, steam, oil or other fuel, strikes, lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause beyond Landlord’s reasonable control), including, without limitation, any liability for damages to Tenant’s personal property or for interruption of business caused by any such interruption or stoppage, nor shall the same constitute an actual or constructive eviction or entitle Tenant to any abatement or diminution of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. Notwithstanding the foregoing, to the extent that any such interruption or stoppage is not required by Law (iii) render Landlord liable for damages other than Laws in effect prior to the Commencement Date, with which it is Landlord’s obligation to comply and which, under present judicial or administrative interpretation, are being violated on the Commencement Date), is not caused by the negligence or a willful act of any type Tenant or entitle Tenant to be relieved from any of its employees, agents, contractors or subcontractors, and causes Tenant’s obligations under this Lease inability to conduct business in the Premises for a period of four (including 4) consecutive business days, and Tenant does not actually occupy or conduct its business in the obligation to pay Premises during such period, for each subsequent business day on which Tenant is unable to, and does not actually, so conduct business in the Premises as a result thereof, there shall be an abatement of 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, 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 Datacenter. In the event of the interruption of any such service, 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.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be liable entitled to any abatement or responsible to Tenant reduction of rent, for any lossfailure to supply any heat, damage air conditioning, elevator, cleaning, lighting or expense security or for any surges or interruptions of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changedelectricity, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the Premisesright temporarily to discontinue such services, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under this Leasethem, (iii) render Landlord liable for damages at such times as may be necessary by reason of any type or entitle Tenant to be relieved from any of Tenant’s obligations under this Lease (including the obligation to pay Base Rentaccident, 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, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvementsimprovement, 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 governmental energy conservation or environmental protection program, or whether arising from any other happening beyond the control of Landlord. Landlord will not be liable to Tenant or related to the provision of any other person or failure to provide entity for direct or to restore any service in or consequential damages, and Tenant shall not be entitled to any portion abatement or reduction of rent, resulting from the Property, admission to or exclusion from the Building or the DatacenterProject of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, 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 discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Notwithstanding the foregoing, if (i) any interruption of utilities or services shall continue for ten (10) days after written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 portion of the Premises unusable for the normal conduct of Tenant's business and Tenant, in fact, ceases to use and occupy such service, however, Landlord shall employ commercially reasonable efforts portion of the Premises for the normal conduct of its business; and (iii) such interruption of utilities or services is primarily due to restore the negligence or willful misconduct of Landlord; then all Rent payable hereunder with respect to such service or cause portion of the same to be restored in any circumstances Premises rendered unusable for the normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such ten (10) day period, in the event such utilities or services are not restored, and continue until such time that the utilities or services are restored. Further notwithstanding the foregoing, (i) if any interruption of utilities or services shall continue for ten (10) consecutive business days after written notice from Tenant to Landlord, (ii) such interruption of utilities or services shall render any portion of the 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; (iii) such interruption of utilities or services is due to an Event of Force Majeure (as defined in Section 25.11) or the negligence or willful misconduct of any third party; and (iv) the restoration of such interrupted utilities or services is reasonably within Landlord's direct control, then all Rent payable hereunder with respect to such portion of the reasonable control Premises rendered unusable for the normal conduct of LandlordTenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such thirty (30) day period, in the event such utilities or services are not restored, and continue until such time that the utilities or services are restored.

Interruption of Services. Landlord reserves the right to stop service of the heating, the elevator, electrical, plumbing or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements, decorations or improvements shall have been completed. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, cooled or outside air, elevator, plumbing, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance 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 interruption of Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements's business, 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 Datacenter. In the event of the interruption of any such service, 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 Landlordotherwise.

Interruption of Services. Landlord reserves the right to stop service of the heating, air-conditioning, ventilation, the elevator, electrical, plumbing, condenser water or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements, decorations or improvements shall have been completed; provided, however, Landlord shall endeavor to give Tenant reasonable advance notice of any planned interruption of service. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply heat, air-conditioning, ventilation or outside air, elevator, plumbing, condenser water, electricity or cleaning when prevented by exercising its right to stop service or by strikes, labor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or by failure of independent contractors to perform or by laws, orders, rules or regulations of any federal, state, county or municipal authority (including, without limitation, regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to obtain suitable fuel or by reason of governmental preemption in connection with a National Emergency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. The exercise of such right or such failure by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer availablein part, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard entitle Tenant to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, compensation or to any other portion abatement or diminution of the Building Rent, or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the relieve Tenant Space, (ii) constitute a breach by Landlord of from any of Landlord’s its obligations under this Lease, (iii) render or Impose any liability upon Landlord liable for damages or its agents by reason of any type inconvenience or entitle Tenant annoyance to be relieved from any Tenant, or injury to or interruption of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rent's business, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right otherwise. Notwithstanding anything to terminate the contrary contained in this Lease, if Landlord fails to take such measures as may be reasonable under the circumstances to restore an "essential" service or services (viwhich, for the purposes of this subsection I, shall be deemed to mean passenger elevator service (a minimum of one (1) make elevator), electricity and heat required to be furnished by Landlord liable for any injury pursuant to the terms of this Lease within ten (10) consecutive business days after Tenant has notified Landlord that such service has ceased (or interference with Tenant’s business such longer period of time as is necessary given the nature of the needed repair or maintenance, so long as Landlord is diligently pursuing the cure thereof to substantial completion) (a "Substantial Services Failure") which failure renders the Premises or any punitive"material portion" thereof not reasonably unusable (as reasonably determined by Landlord) and as a result thereof Tenant ceases to conduct its business therein, incidental or Consequential Damagesprovided and upon the condition that this Lease is in full force and effect and Tenant is not in default hereunder beyond applicable notice and grace periods, 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 Rent and additional rent shall be abated in the provision of or failure to provide for or to restore any service in or to any proportion by which the portion of the PropertyPremises which is not reasonably usable and is not used by Tenant bears to the total area of the Premises, commencing on the expiration of such ten (10) business day period until the date such repair is made or maintenance completed. For the purposes of this subsection I, the Building or term "material portion" shall mean not less than twenty-five (25%) percent of the Datacenterarea on any floor of the Premises. In the event Landlord is unable to cure a Substantial Services Failure because of the interruption of a force majeure event or any such service, 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 other reason beyond the reasonable control of LandlordLandlord including, without limitation, the acts or omissions of Tenant or any of Tenant's agents, employees or contractors, then the ten (10) business day period shall be extended one (1) day for each day such event of force majeure or other impossibility exists. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue the restoration of interrupted services. A copy of any notice from Tenant to Landlord given pursuant to this subsection I shall not be deemed effective unless and until a copy of said notice is sent simultaneously to the holder of any Mortgage encumbering the Building whose address has been provided to Tenant or with whom Tenant has entered in a subordination agreement in accordance with Article 7 hereof.

Interruption of Services. If Landlord is prevented or delayed in performing any work or providing any services to the Leased Premises as set forth in this Lease, (including, but not limited to, any slow-down, interruption or stoppage of any such services for any reasons) Landlord shall not be liable or responsible to Tenant for damage to persons or property or be in default hereunder as a result thereof, and Tenant shall not be entitled to any lossabatement or reduction in Rent by reason thereof (provided, damage however, that Landlord shall not include within or attribute to Operating Expense the cost and expense related to any such service not provided by Landlord), nor shall the same give rise to a claim in Tenant's favor that such absence of Building services constitutes actual or constructive, total or partial, eviction or renders the Leased Premises untenantable. Landlord, hereby reserves the right to stop, slow-down or interrupt any service or utility system, when necessary by reason of malfunction, breakage, accident or emergency, until necessary repairs and/or replacements have been completed, provided, however, that in each instance of stoppage, slow-down or interruption, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any type which contemplated stoppage, slow-down or interruption and will use reasonable efforts to avoid unnecessary inconvenience to Tenant may sustain by reason thereof. Landlord shall not be liable in any way to Tenant nor shall there be any abatement or incur if reduction in rent for any failure or defect in the quantity supply or character of electric energy or other utility furnished to the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction Leased Premises by reason of any electrical requirement, act or other service to the Premises, or to any other portion omission of the public utilities serving the Building and/or the Leased Premises unless such failure or Propertydefect was caused by the intentional act or gross negligence of Landlord, shallits agents or employees; but if such failure or defect is caused by the act or negligence of Landlord or of its contractor(s) and the failure continues for more than seventy-two (72) hours during regular business days, Tenant's sole right, remedy and composition therefor shall be that Rent shall xxxxx proportionately for the period during which the failure continues. Tenant's use of electric energy in the Leased Premises shall not at any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of time exceed the Tenant Space, (ii) constitute a breach by Landlord capacity of any of the electric conductors and equipment in or otherwise serving the Building and/or the Leased Premises. If Tenant, in the sole judgment of Landlord’s obligations under this Lease, (iii) render utilizes electricity, water or any other utility in any excessive or unreasonable manner, then Landlord liable for damages of any type or entitle shall have the right to require Tenant to be relieved from pay for the installation of a separate meter for any of Tenant’s obligations under this Lease (including the obligation such utility and 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, 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 cost of the Propertyuse of such utilities as determined by such meter, the Building or the Datacenter. In the event of the interruption of any such service, 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 Landlordboth as Additional Rent hereunder.

Interruption of Services. (a) Landlord shall not be liable may stop or responsible to Tenant for interrupt any lossLandlord Service, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changedelectricity, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to and may stop or interrupt the Premisesuse of any Building facilities and systems at such times as may be necessary and for as long as may reasonably be required by reason of accidents, strikes, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of 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, 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 inability to secure a proper supply of fuel, gas, steam, water, electricity, labor or related supplies, or by reason of any other cause beyond the reasonable control of Landlord; provided that, in case of interruption required by the making of repairs, alterations or improvements, Landlord shall provide Tenant with not less than five (5) Business Days’ advance written notice (except in case of emergency, where no notice or shorter notice as reasonable shall be sufficient) prior to any scheduled suspension of service and, if ascertainable, its estimated duration, and Landlord shall endeavor, in a commercially reasonable manner and to a commercially reasonable extent, to minimize disruption or interference to Tenant’s permitted use of the Premises, to the provision extent practical. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant by reason of any stoppage or failure to provide for or to restore any service in or to any portion of the Property, the Building or the Datacenter. In the event of the interruption of any such serviceLandlord Service, however, electricity or other service or the use of any Building facilities and systems for any reason. Landlord shall employ commercially use reasonable efforts diligence (which shall not include incurring overtime charges) to restore make such service repairs as may be required to machinery or equipment within Landlord’s control to provide restoration of any Landlord Service and, where the cessation or interruption of such Landlord Service has occurred due to circumstances or conditions beyond Landlord’s control, to cause the same to be restored by diligent application or request to the provider. Notwithstanding the foregoing, in the event that (i) any circumstances interruption or discontinuance of services provided pursuant to this Article 3 occurs, (ii) Landlord fails to make any repair it is required to make pursuant to this Lease, or (iii) Tenant’s access to the Premises is denied or use of the Premises or any portion thereof is materially adversely affected, then provided that none of the events specified in which clauses (i) through (iii) are caused by any willful misconduct or negligent act or omission of Tenant, its agents, employees or contractors, and such restoration events materially and adversely affects Tenant’s ability to conduct business in all or a portion of the Premises for the uses permitted under this Lease and Tenant actually ceases doing business in all or such portion of the Premises, then if such event is within Landlord’s control to cure, and event continues beyond five (5) Business Days after Tenant’s written notice to Landlord (which Tenant may provide prior to the reasonable control expiration of Landlordthe five (5) Business Day period), then the Fixed Rent and Additional Rent for Operating Expenses and Taxes shall xxxxx after such five (5) Business Day period proportionately, for so long as Tenant remains unable to conduct its ordinary business in all or such portion of the Premises. In no event shall Landlord have any liability with respect to any failure or interruption of the Landlord services set forth in Section 3.01 except as specifically set forth in this Section 3.02. A fire or other casualty causing an interruption of services shall not be subject to the provisions of this Section 3.02 but shall be governed by the provisions of Article 7 of this Lease only.

Interruption of Services. Tenant agrees that, except as herein provided, Landlord shall not be liable in damages, by abatement of Base Rent or responsible otherwise, for failure to Tenant furnish or delay in furnishing any service, or for any lossdiminution in the quality or quantity thereof, damage when such failure or expense of any type which Tenant may sustain delay or incur if the quantity diminution is occasioned, in whole or character of the utility-provided electric service is changedin part, is no longer availableby governmental rule or regulation, by repairs, renewals, or is no longer suitable for improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after Landlord's reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant’s requirements, or by any other cause beyond Landlord's reasonable control; and, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Servicesherein provided, no interruption such failure or malfunction of any electrical delay or other service diminution shall be deemed to the Premises, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction of Tenant or disturbance of the Tenant’s 's use and possession of the Premises nor shall any such failure or delay relieve the Tenant Space, (ii) constitute a breach by Landlord of from the obligation to pay rent or perform any of Landlord’s its obligations under this Lease, (iii) render . Landlord liable for damages agrees to use its reasonable efforts to promptly restore services in the event of any type failure, delay or entitle diminution described in this Paragraph. Notwithstanding the foregoing, if the Premises or any full floor portion thereof are rendered untenantable or are rendered inaccessible or incapable of use by Tenant in the ordinary course of business for in excess of one (1) business day, in each case due to be relieved from interruption of such service for any cause other than by default of Tenant’s obligations under this Lease (including , all Base Rent and Additional Rent shall abatx xxx 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, 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 PropertyPremises affected thereby and for the period of such untenantability, inaccessibility or incapacity for use by Tenant in the Building ordinary course of business; provided that such abatement is or the Datacenter. In the event of the interruption of would be recoverable under any such service, however, Landlord shall employ insurance that is commercially reasonable efforts and available to restore such service owners or cause the same first-class office buildings in Chicago, Illinois, whether or not required to be restored in any circumstances in which such restoration is within carried by Landlord pursuant to the reasonable control terms of Landlordthis Lease.

Interruption of Services. Landlord reserves the right, without any liability to Tenant, and without being in default of this Lease, to interrupt or suspend service of any of the heating, ventilating, air conditioning, electric, sanitary, or other system serving the Premises or the Building, or any other services required to be performed by Landlord under this Lease, whenever and for so long as may be necessary by reason of accident, emergencies, strikes or the making of repairs or changes which Landlord is required by this Lease or by law to make or otherwise deems advisable, or by reason of difficulty in securing proper supplies of fuel, steam, water, electricity, labor or supplies, or by reason of any other caused beyond Landlord's control, including without limitation mechanical failure of building systems and governmental restrictions on the use of materials or the use of any of such systems. In each instance, however, Landlord shall exercise reasonable efforts to eliminate the cause of interruption and to effect restoration of service, and shall give Tenant reasonable notice not less than five (5) business days, when practicable, prior to the commencement off such interruption and anticipated duration thereof. Landlord shall not be liable or responsible for any damages to Tenant for any lossresulting from Landlord's failure or inability to deliver services as provided herein, damage or expense unless such interruption of any type which Tenant may sustain or incur if service exceeds five (5) business days, and is due solely to the quantity or character negligence of the utility-provided electric service is changedLandlord, is no longer available, or is no longer suitable for at which Time Tenant shall be entitled to a rent abatement as Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services's sole remedy. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to Without limiting the Premises, or to any other portion generality of the Building or Propertyforegoing, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under this Lease, (iii) render Landlord liable for damages of any type or entitle Tenant to shall not 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 entitled to terminate this Lease, Lease nor to receive any diminution or (vi) make Landlord liable for any injury to abatement of Rent or interference with Tenant’s business other compensation or damages nor shall this Lease or any punitive, incidental or Consequential Damages, 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 obligations of Tenant be affected or the Datacenter. In the event of the interruption reduced by reason of any such serviceinterruption, howeverstoppage or suspension of any such systems or services unless such interruption of service exceeds five (5) business days, Landlord and is due solely to the negligence of the Landlord, at which Time Tenant shall employ commercially reasonable efforts be entitled to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlorda rent abatement as Tenant's sole remedy.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any temporary failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service. 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 or responsible to Tenant or any other person or entity for any lossdirect or consequential damages, damage or expense of any type which and Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or shall not be entitled to any other portion abatement or reduction of rent, resulting from the admission to or exclusion from the Building or PropertyProject of any person. In the event of invasion, shallmob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in any eventits reasonable discretion, (i) constitute an eviction or disturbance of Tenant’s use may deem appropriate, including, without limitation, locking doors and possession of closing Parking Facilities and the Tenant Space, (ii) constitute a breach by Common Area. Landlord of any of Landlord’s obligations under this Lease, (iii) render Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of any type Tenant or entitle cause an abatement of rent or operate to release 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, 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 Datacenter. In the event of the interruption of any such service, 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.

Interruption of Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be liable entitled to any abatement or responsible to Tenant for any loss, damage or expense reduction of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, rent except as expressly set forth on Exhibit “F”in this Section 16.3, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption nor shall a constructive eviction exist or malfunction of any electrical or other service to the Premises, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the shall Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under this Lease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved released from any of Tenant’s obligations under this Lease (including i) for any failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (ii) as a result of the obligation admission to pay Base Rent, Additional Rentor exclusion from the Building or Project of any person; or (iii) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing sentence, or other charges)any of them, (iv) grant Tenant any right at such times as may be necessary by reason of setoff or recoupmentaccident, (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, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvementsimprovement, 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 whether arising from or related to any other happening beyond the provision control of or failure to provide for or to restore any service in or to any portion of the Property, the Building or the DatacenterLandlord. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the interruption right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion may deem appropriate, including, without limitation, locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, in the event of any failure to furnish, or any stoppage of, the specified services set forth in this Section 16.3 for a period in excess of five consecutive days, and if: (a) such interruption is restricted to the Building and is not a neighborhood blackout or caused by an Event of Force Majeure; (b) such failure to furnish or stoppage is caused by the 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 Premises, or any portion thereof in excess of 25% of the Rentable Square Feet of the Premises, becoming untenantable; and (d) Tenant actually ceases to occupy the Premises, or any untenantable portion of the Premises, as a result thereof, Tenant shall be entitled to an abatement of Rent in proportion to the area rendered untenantable and that is unoccupied, which abatement shall commence on the sixth 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 16.3, the specified services are electricity, water, natural gas and sewer service. If Tenant vacates the entire Premises due to such failure to furnish or stoppage of such specified services and more than fifty percent (50%) of the Premises is untenantable in a manner that allows Tenant to xxxxx Rent under this Section 16.3, however, Landlord shall employ commercially reasonable efforts (1) Tenant will be entitled to restore such service or cause deem one hundred percent (100%) of the same Premises to be restored untenantable and (2) if such conditions that permit Rent abatement described in any circumstances in which this Section 16.3 for such restoration is failure continue for more than two hundred forty (240) consecutive days, Tenant shall have the right to terminate this Lease by providing written notice to Landlord, such termination to be effective within the reasonable control five (5) Business Days of Landlorddelivery of such notice.

Interruption of Services. Other than to the extent expressly provided for above, Landlord shall not be required to provide any other services or utilities to the Premises, although Landlord reserves the option to do so and charge a reasonable amount therefor to Tenant as Additional Rent (but Tenant shall not rely on any expectation that Landlord will do so). Further, and in addition to, and except as provided in those provisions provided elsewhere in this Lease, Tenant agrees that Landlord shall not be liable in damages (consequential or otherwise), by abatement of Rent or in any manner whatsoever, if Tenant is unable to secure electricity, gas, water, or other fuel at the Building for any reason whatsoever and/or if electrical service, AC or any other utility or service is interrupted or is not provided to the Premises or the Building for any reason, and such failures or delays shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this Lease except due to or caused by the negligence or willful misconduct of Landlord, its authorized agents, employees or contractors. Furthermore, Landlord shall have no liability to Tenant or any other party for any damages (consequential or otherwise), by abatement of Rent or in any manner whatsoever arising out of any such inability to secure any such service or services except due to or caused by the gross negligence or willful misconduct of Landlord, its authorized agents, employees or contractors. In addition, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant or -any other party for any loss, damage damage, or expense of any type which kind that Tenant or any other party may sustain or incur if either the quantity or character of the utility-provided electric AC, electrical (or any other) service is changed, is no longer available, or is no longer suitable unsuitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of party’s requirements except due to or caused by the Building negligence or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any willful misconduct of Landlord’s obligations under this Lease, (iii) render Landlord liable for damages of any type its authorized agents, employees 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, 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 Datacenter. In the event of the interruption of any such service, 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 Landlordcontractors.

Interruption of Services. Landlord will not be liable to Tenant ------------------------ or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be liable entitled to any abatement or responsible to Tenant reduction of rent, for any lossfailure to supply any heat, damage air conditioning, elevator, cleaning, lighting or expense security or for any surges or interruptions of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changedelectricity, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the Premisesright temporarily to discontinue such services, or to any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under this Leasethem, (iii) render Landlord liable for damages at such times as may be necessary by reason of any type or entitle Tenant to be relieved from any of Tenant’s obligations under this Lease (including the obligation to pay Base Rentaccident, 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, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvementsimprovement, 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 whether arising from any other happening beyond the control of Landlord. Landlord will not be liable to Tenant or related to the provision of any other person or failure to provide entity for direct or to restore any service in or consequential damages, and Tenant shall not be entitled to any portion abatement or reduction of rent, resulting from the Property, admission to or exclusion from the Building or the DatacenterProject of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, 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 discontinuance permitted under this ARTICLE XVII, nor will such discontinuance in any way be construed as an ------------ eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Notwithstanding the foregoing, (i) if any interruption of utilities or services shall continue for three (3) business days after oral or written notice from Tenant to Landlord; (ii) such interruption of utilities or services shall render any portion of the Premises unusable for the normal conduct of Tenant's business and Tenant, in fact, ceases to use and occupy such service, however, Landlord shall employ commercially reasonable efforts portion of the Premises for the normal conduct of its business; and (iii) such interruption of utilities or services is due to restore the negligence of Landlord; then all Rent payable hereunder with respect to such service or cause portion of the same to be restored in any circumstances Premises rendered unusable for the normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such restoration is within three (3) business day period, in the reasonable control of Landlordevent such utilities or services are not restored, and continue until such time that the utilities or services are restored.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be liable entitled to any abatement or responsible to Tenant reduction of rent, for any lossfailure to supply any heat, damage air conditioning, elevator, cleaning, lighting or expense security or for any surges or interruptions of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changedelectricity, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical telecommunications or other service Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the Premisesright 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, and Tenant shall not be entitled to any other portion abatement or reduction of rent, resulting from the admission to or exclusion from the Building or PropertyProject of any person. In the event of invasion, shallmob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in any eventits reasonable discretion, (i) constitute an eviction or disturbance of Tenant’s use may deem appropriate, including, without limitation, locking doors and possession of closing Parking Facilities and the Tenant Space, (ii) constitute a breach by Common Area. Landlord of any of Landlord’s obligations under this Lease, (iii) render Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of any type Tenant or entitle cause an abatement of rent or operate to release 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, 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 Datacenter. In the event of the interruption of any such service, 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.

Interruption of Services. Except as set forth in Subsection 5.2.2, Landlord shall not be liable have no responsibility or responsible liability to Tenant for any lossfailure, damage interruption, inadequacy, defect or expense unavailability of any type which Tenant may sustain services, facilities, utilities, repairs or incur if the quantity replacements or character of the utility-provided electric service is changed, is no longer available, for any failure or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard inability to Interruptions of Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service to the Premises, provide access or to perform any other portion of the Building or Property, shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii) constitute a breach by Landlord of any of 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 obligation under this Lease (including the obligation to pay Base Rentcaused by breakage, Additional Rentaccident, fire, flood or other charges)casualty, (iv) grant strikes or other labor trouble, order or regulation of or by any governmental authority, inclement weather, repairs, inability to obtain or shortages of utilities, supplies, labor or materials, war, civil commotion or other emergency, transportation difficulties or due to any act or neglect of Tenant any right of setoff or recoupmentTenant’s servants, (v) provide Tenant with any right to terminate this Leaseagents, employees or (vi) make Landlord liable licensees or for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, 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 Datacenter. In the event of the interruption of any such service, however, Landlord shall employ commercially reasonable efforts to restore such service or other cause the same to be restored in any circumstances in which such restoration is within beyond the reasonable control of Landlord, and in no event shall Landlord be liable to Tenant for any indirect or consequential damages suffered by Tenant due to any such failure, interruption, inadequacy, defect or unavailability; and failure or omission on the part of Landlord to furnish any of same for any of the reasons set forth in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to deny access to the Building and to interrupt the services of the HVAC, plumbing, electrical or other mechanical systems or facilities in the Building when necessary from time to time by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall use reasonable efforts to minimize the duration of any such interruption and to give to Tenant at least three (3) days’ notice if service is to be interrupted, except in cases of emergency.