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 to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Appears in 2 contracts

Samples: Datacenter Lease (Endurance International Group Holdings, Inc.), Constant Contact, Inc.

AutoNDA by SimpleDocs

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 utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirementsrequirements for any reason other than the fault of Landlord. No 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 (including, without limitation, HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)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 OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of the interruption of any interruptionsuch 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.

Appears in 2 contracts

Samples: Certain Defined Terms (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)

Interruption of Services. Landlord 7.3.1 Grantor shall not be liable or responsible to Tenant Grantee for any loss, damage or expense of any type which Tenant Grantee may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, changed or is no longer suitable for TenantGrantee’s requirements. No Except as otherwise expressly set forth herein, no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC) to the OS Tenant Space Colocation Premises (or to any other portion of the Building Datacenter or PropertyBuilding) shall, in any event, (i) constitute an eviction or disturbance of TenantGrantee’s use and possession of the OS Tenant Grantee Space, (ii) constitute a breach by Landlord Grantor of any of LandlordGrantor’s obligations under the Lease or this RiderAgreement, (iii) render Landlord Grantor liable for damages of any type or entitle Tenant Grantee to be relieved from any of TenantGrantee’s obligations under the Lease or this Rider Agreement (including the obligation to pay OS Base RentColocation Fees, Additional RentColocation Fees, or other charges), (iv) grant Tenant Grantee any right of setoff or recoupment, (v) provide Tenant Grantee with any right to terminate the Lease or this RiderAgreement, or (vi) make Landlord Grantor liable for any injury to or interference with TenantGrantee’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord Grantor 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 LandlordGrantor and the interruption at issue was not caused in whole or in part by any action of Grantee.

Appears in 2 contracts

Samples: Colocation Agreement, Colocation Agreement (Telx Group, Inc.)

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 to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Appears in 2 contracts

Samples: Certain Defined Terms (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)

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 utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirementsrequirements for any reason other than the fault of Landlord. No 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 (including, without limitation, HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)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 OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of the interruption of any interruptionsuch 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.

Appears in 2 contracts

Samples: Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)

Interruption of Services. Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, 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 to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, no interruption, failure or malfunction of any electrical or other service (including, without limitation, HVACHVAC service or the Remote Hands Service) to the OS Tenant Space Premises (or to any other portion of the Datacenter, the Campus, the Building or Propertythe Project) shall, in any event, : (ia) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpacePremises, (iib) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iiic) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (ivd) grant Tenant any right of setoff or recoupment, (ve) provide Tenant with any right to terminate the Lease or this RiderLease, or (vif) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceDatacenter, the PropertyCampus, the Building or the BuildingProject. In the event of any interruptioninterruption of services, however, Landlord shall employ commercially reasonable and diligent 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 LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant.

Appears in 1 contract

Samples: Wholesale Datacenter Lease (Box Inc)

Interruption of Services. 7.3.1 Except as expressly provided in this Lease (including, without limitation, as expressly set forth in Section 7.3.2 below), 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 to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No Additionally, except as expressly provided in this Lease (including, without limitation, as expressly set forth in Section 7.3.2 below), no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning, collectively, “HVAC) to the OS Tenant Space 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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingPremises. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant.

Appears in 1 contract

Samples: Turn Key Datacenter Lease (Equinix Inc)

AutoNDA by SimpleDocs

Interruption of Services. 7.3.1 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 to the OS Tenant Space is changed, is no longer available, changed or is no longer suitable for Tenant’s requirements. No Except as otherwise expressly set forth herein, no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC) to the OS Tenant Space 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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant.

Appears in 1 contract

Samples: Master Datacenter Lease (Telx Group, Inc.)

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 utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No Additionally, with regard to interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (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 OS Tenant SpacePremises, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)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 OS Tenant Space, the Property, Property or the Building. In the event of the interruption of any interruptionsuch 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.

Appears in 1 contract

Samples: Datacenter Lease (Rhodium Enterprises, Inc.)

Interruption of Services. 7.3.1 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 to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant.

Appears in 1 contract

Samples: Turn Key Datacenter Lease (Danger Inc)

Interruption of Services. 7.7.1 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 to is changed by the OS Tenant Space is changedutility company, is no longer availableprovided by the utility company, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC) to the OS Tenant Space (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 OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.Landlord and the interruption at issue was not caused in whole or in part by any action of Tenant. Page

Appears in 1 contract

Samples: Datacenter Lease (SAVVIS, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.