Common use of Interruption of Use Clause in Contracts

Interruption of Use. Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Project after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Landlord may comply with voluntary controls or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the default, Tenant may terminate this Lease.

Interruption of Use. Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution or change in the quality or quantity thereof, when such failure or delay or diminution or change is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, water or other fuel at the Project after reasonable effort to do so, by electricity blackout or brownout, by any accident or casualty whatsoever, by act or default of Tenant or other partiestenants, or by any other cause beyond Landlord's reasonable control; , and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth utilities. Notwithstanding anything to the contrary in this Article ------- 6. Landlord may comply with voluntary controls Section 5.3 or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under elsewhere in this Lease, if (a) Landlord fails to provide Tenant with the HVAC service, electrical service or elevator service described in Section 5.1, or Landlord enters the Premises and such entry interferes with Tenant's reasonable use of the Premises (b) such failure or Landlord's entry is not due to any one or more Force Majeure events or to an event covered by Article 10, (c) Tenant has given Landlord reasonably prompt written or oral notice of such failure or that such entry by Landlord is unreasonably interfering with Tenant's use of the Premises (provided that such notice shall not be required in the event Landlord has actual knowledge that the failure to provide electrical services or elevator service or Landlord's entry is unreasonably interfering with Tenant's use of the Premises) and (d) as a result of such failure all or any part of the Premises are rendered unusable by Tenant (and, as a result, all or such part of the Premises are not used by Tenant during the applicable period) for more than five (5) consecutive business days, then Tenant shall be entitled to an abatement of Rent proportional to the extent to which the Premises are thereby rendered untenantableunusable by Tenant, commencing with the later of (i) the sixth business day during which such untenantability continues or (ii) the sixth business day after Landlord receives such notice from Tenant, until the Premises (or part thereof affected) are again usable or until Tenant again uses the Premises (or part thereof rendered unusable) in its business, whichever first occurs. IfThe foregoing rental abatement shall be Tenant's exclusive remedy therefor. Notwithstanding the foregoing, however, Landlord defaults hereunder the provisions of Article 10 below and fails not the provisions of this subsection shall govern in the event of casualty damage to provide Tenant Premises or Building and the quiet enjoyment provisions of Article 12 below and not the provisions of the subsection shall govern in the event of condemnation of all or part of the Premises in any material way after a reasonable opportunity to cure the default, Tenant may terminate this Leaseor Building.

Interruption of Use. Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Notwithstanding the foregoing, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord may comply with voluntary controls which is not made necessary due to any act, omission, negligence or guidelines promulgated breach of this Lease by any - governmental entity relating Tenant, or which Landlord failed to perform, after the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under Lease Commencement Date and required by this Lease, provided that which substantially interferes with Tenant’s use of the Premises, or (ii) any failure to provide required services, utilities or access to the Premises are not thereby rendered untenantablewhich failure is a direct result of the negligence, willful misconduct or breach of this Lease by Landlord or any of its agents, contractors or employees (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), and provided such Abatement Event results in a substantial and material interference with Tenant’s ability to conduct business in the Premises and Tenant reasonably ceases business operations in the Premises as a result thereof, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for two (2) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), then the Base Rent and Tenant’s Share of Direct Expenses shall be abated until such time as such the Abatement Event ceases or Tenant is able to resume business operations in the Premises, whichever shall first occur. IfSuch right to xxxxx Base Rent and Tenant’s Share of Direct Expenses, shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event; provided, however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the defaultif an Abatement Event which is not caused by circumstances beyond Landlord’s control, continues for more than thirty (30) consecutive days, then Tenant may terminate this Lease by giving at least ten (10) days’ written notice to Landlord and Landlord’s Mortgagee (if Landlord delivers notice of the name and address of its Mortgagee to Tenant), conspicuously stating that a termination of this Lease will result if the Abatement Event does not cease prior to the end of such ten (10) day period, in which event this Lease will terminate if the Abatement Event does not cease prior to the end of such ten (10) day period and Tenant shall promptly vacate the Premises as soon as is practicable taking into account the circumstances giving rise to the Abatement Event. Except as provided in this Section 6.3, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder due to an interruption of services. To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event described in Articles 11 or 13 of this Lease, then the Eligibility Period shall not be applicable.

Interruption of Use. Tenant Licensee agrees that Landlord Licensor shall not be liable ------------------- for damages, by abatement of Rent Fees or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services)service, or for any diminution or interruption in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after commercially reasonable effort to do so, by any accident accident, riot or other dangerous conditions, emergencies, or casualty whatsoever, by act or default of Tenant Licensee or other parties, or by any other cause beyond Landlord's Licensor’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's Licensee’s use and possession of the Premises or relieve Tenant Licensee from paying Rent Fees or performing any of its obligations under this Lease. License Furthermore, Landlord Licensor shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's Licensee’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6Section 4 or elsewhere in this License. Landlord As a material inducement to Licensor’s entry into this License, Licensee waives and releases any rights it may comply with voluntary controls have to make repairs at Licensor’s expense under Massachusetts Law and under any similar Laws now or guidelines promulgated by any - governmental entity relating to hereafter in effect. In the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease, provided event that the Premises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails Licensor is unable to provide Tenant a critical service as required by this contract and is unable to remedy the quiet enjoyment problem within 30 days of the Premises in any material way after a reasonable opportunity to cure the defaultwritten notice, Tenant Licensee may terminate this Leaseagreement with 30 days written notice. Critical services shall be any service specifically required to be provided by Licensor in this License Agreement that when not performed significantly impacts the business of the Tenant. Such services shall include, but not be limited to, power, environmental temperature between 64 and 78 degrees Fahrenheit, relative humidity between 30% and 70%, a clean air environment, and access to the Premises.

Interruption of Use. Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when to the extent such failure or delay or diminution is occasioned, in whole or in part, occasioned by repairs, replacements, or improvements, by any strike, lockout or other labor troubleForce Majere (as hereinafter defined), by inability to secure electricity, gas, water, or other fuel at the Project Building after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing and provided that Tenant is not then in default under this Lease beyond any applicable notice and cure period, if the Premises, or a material portion of the Premises, are made untenantable as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform as required pursuant to the terms of this Lease, after the Rent Commencement Date, or (ii) any failure to provide services, utilities or access to the Premises or the Building as required pursuant to the terms of this Lease (either such set of circumstances as set forth in items (i) or (ii), above, to be known as an “Abatement Event”), that is reasonably within the control of Landlord to correct, then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) Business Days after Landlord’s receipt of any such notice (the “Eligibility Period”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning after the expiration of the Eligibility Period and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Abatement Event, the amount of abatement shall be equitably prorated. Except as provided in this section, nothing contained herein shall be interpreted to mean that Tenant is excused from paying the rent due hereunder. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Landlord may comply with voluntary controls or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the default, Tenant may terminate this Lease.

Interruption of Use. Except as provided in Section 6.6 below, Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any accident or casualty Casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent (except as provided in Section 6.6 below) or performing any of its obligations under this Lease. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building and Project. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Landlord may comply with Further, in the event any governmental authority or public utility promulgates or revises any law, ordinance, rule or regulation, or issues mandatory controls or voluntary controls or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or electricity, the reduction of automobile or other emissions without creating emissions, or the provision of any liability other utility or service, Landlord may take any reasonably appropriate action to comply with such law, ordinance, rule, regulation, mandatory control or voluntary guideline and Tenant’s obligations hereunder shall not be affected by any such action of Landlord Landlord. The parties acknowledge that safety and security devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or security device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant under with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in this Lease, provided that the Premises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails Tenant agrees to provide Tenant the quiet enjoyment of the Premises cooperate in any material way after a reasonable opportunity to cure the default, Tenant may terminate this Leasesafety or security program developed by Landlord or required by law.

Interruption of Use. Tenant agrees that Landlord shall not be ------------------- liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in partpart by breakage, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable controlcause, unless the breakage, repairs, replacements, improvements or dangerous condition (and only with respect to such items) are caused by or result from the negligence or willful misconduct of Landlord or its agents, employees or contractors; and and, subject to the foregoing exceptions, such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6, unless such failure results from or is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. Landlord may comply with voluntary controls or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease, provided that Landlord, in connection with the Premises are exercise of Landlord's rights under this Section, shall not thereby rendered untenantable. If, however, Landlord defaults hereunder unreasonably interfere with Tenant's use and fails to provide Tenant the quiet enjoyment of the Premises. Notwithstanding the foregoing, in the event any interference or interruption in utility service to the Premises in any material way after a reasonable opportunity to cure continues for more than seven (7) full consecutive days, all rent and other charges payable under this Lease shall xxxxx for the defaultbalance of the period of such interference or interruption, and Landlord, at its sole cost, shall provide security services for the Premises. If such interruption continues for more than thirty (30) days, Tenant may shall have the right to terminate this Lease.

Interruption of Use. 6.2.1 When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, Landlord reserves the right, upon no less than three (3) business days’ notice (except no notice shall be required in the event of an emergency), to interrupt, curtail, or stop (i) the furnishing of any services hereunder, including heat, air conditioning, ventilation, and/or water, and (ii) the operation of the life-safety, plumbing and/or electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but, subject to Section 6.2.2 below, there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Furthermore, Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services)service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable controlcause; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. FurthermoreWithout limiting the foregoing, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's ’s business, including, without limitation, including loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Landlord may comply with voluntary controls or guidelines promulgated by any - governmental entity relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable. If, however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the default, Tenant may terminate this Lease.

Interruption of Use. Tenant agrees that that, except as otherwise provided in this Lease, Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's ’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's ’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's Xxxxxx’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 610. Landlord may comply with If any governmental entity promulgates or revises any statute, ordinance, building code, fire code or other code or imposes mandatory or voluntary controls or guidelines promulgated by on Landlord or the Project or any - governmental entity portion thereof, relating to the use or conservation of energy, water, gas, light or electricity or the reduction of automobile or other emissions or the provision of any other utility or service provided with respect to this Lease or if Landlord is required to make alterations to the Project or any portion thereof in order to comply with such mandatory or WARNER CENTER TOWERS [Health Net, Inc.] Warner Center III\Health Net\JS\December 22, 2003 Initial Initial Initial Initial voluntary controls or guidelines, then Landlord may, in its sole discretion, comply with such mandatory or voluntary controls or guidelines or make such alterations to the Project related thereto without creating any liability of Landlord to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable. If, however, and further provided that Landlord defaults hereunder will not voluntarily reduce the level of services provided to the Premises unless Landlord is motivated to do so by anticipated costs savings and fails to provide Tenant efficiencies of operation consistent with the quiet enjoyment first class character of the Premises Project. Such compliance and the making of such permitted alterations shall in no event entitle Tenant to any material way after damages, relieve Tenant of the obligation to pay the full Rent reserved hereunder or constitute or be construed as a reasonable opportunity to cure constructive or other eviction of Tenant. In addition, the default, Tenant may terminate this Leasecost of such compliance and alterations shall be included in Operating Expenses.

Interruption of Use. Tenant agrees that Landlord shall not be liable ------------------- for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article ------- 6. Landlord may comply with voluntary controls or guidelines promulgated by any - governmental entity relating ARTICLE 7 REPAIRS Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers) in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the use or conservation prior approval of energyLandlord, waterand within any reasonable period of time specified by Landlord, gas, light or electricity or the reduction of automobile or other emissions without creating any liability of Landlord promptly and adequately repair all damage to Tenant under this Lease, provided that the Premises are not thereby rendered untenantable. Ifand replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, Landlord defaults hereunder and fails to provide Tenant the quiet enjoyment of the Premises in any material way after a reasonable opportunity to cure the defaultthat, Tenant may terminate this Lease.at CROSSROADS 811068.04/WLA Office Lease 375985-00061/1-24-20/cb/ejs (13) [Healthequity, Inc.]