Common use of Interruption of Use Clause in Contracts

Interruption of Use. No interruption or cessation of Utilities (a “Service Interruption”) resulting from Force Majeure, shall render Landlord liable for damages to either person or property or for interruption of, or loss to, Tenant’s business, or be construed as an eviction of Tenant, nor does any Service Interruption give Tenant the right to xxxxx any portion of Rent or relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific to the Building or the Property (as opposed to a Service Interruption that extends beyond the Building or the Property), or that is the result of the negligence or willful misconduct of Landlord, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event of a “Casualty” (as defined below), shall be entitled to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Rent shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period for the conduct of its business, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage of such reoccupied portion of the Premises bears to the total rentable square footage of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises for the conduct of its business. As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments of Base Rent and Estimated Direct Expenses. In addition, in the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 11 or Article 13, then the Eligibility Period shall not be applicable.

Interruption of Use. No interruption or cessation of Utilities (a “Service Interruption”) resulting from Force MajeureExcept as otherwise expressly provided in this Lease, Tenant agrees that Landlord shall render Landlord not be liable for damages damages, by abatement of Rent or otherwise, for failure to either person furnish or property delay in furnishing any service (including telephone and telecommunication services), or for interruption ofany 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 loss toimprovements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building 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 business, or be construed as an eviction use and possession of Tenant, nor does any Service Interruption give Tenant the right to xxxxx any portion of Rent Premises or relieve Tenant from fulfillment of paying Rent or performing any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific to the Building or the Property (as opposed to a Service Interruption that extends beyond the Building or the Property), or that is the result of the negligence or willful misconduct of Landlord, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event of a “Casualty” (as defined below), shall be entitled to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Rent shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period for the conduct of its businessobligations under this Lease, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage of such reoccupied portion of the Premises bears to the total rentable square footage of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises for the conduct of its business. As used except as otherwise expressly provided in this Lease. Notwithstanding the foregoing, “Monthly Rent” means the sum of Tenant’s monthly payments of Base Rent and Estimated Direct Expenses. In addition, in the event that if Tenant is prevented from using, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage)thereof, for the Eligibility Period as a result of (a) any damage or destruction failure to provide to the PremisesPremises any of the essential utilities and services required to be provided in Sections 6.1.1, 6.1.2 or 6.1.3 above, but only to the Parking Areas and/or extent such failure is caused by Landlord’s negligence or willful misconduct (an “Abatement Event”), then Tenant shall deliver written notice of such Abatement Event to Landlord. If such Abatement Event continues for four (4) consecutive business days (the Building“Eligibility Period”) after Tenant delivers written notice thereof to Landlord, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with then Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord obligation to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises pay Base Rent and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent Share of Direct Expenses shall be abated or reduced, as the case may be, from and after expiration of the first (1st) day following the Eligibility Period for and continuing during such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material a portion thereof, in the proportion that the rentable area square feet of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area square feet of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”)Premises. To the extent Tenant is shall be entitled to abatement without regard to the Eligibility Period, of rent because of an event covered by a damage or destruction pursuant to Article 11 11, or a taking pursuant to Article 13, then the Eligibility Period shall not be applicable.

Interruption of Use. No interruption or cessation of Utilities (a “Service Interruption”) resulting from Force Majeure, Tenant agrees that Landlord shall render Landlord not be liable for damages damages, by abatement of Rent or otherwise, for failure to either person furnish or property delay in furnishing any service (including telephone and telecommunication services), or for interruption ofany 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 loss toimprovements, Tenant’s businessby 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 construed as deemed to constitute an eviction or disturbance of Tenant, nor does any Service Interruption give Tenant 's use and possession of the right to xxxxx any portion of Rent Premises or relieve Tenant from fulfillment paying Rent or performing any of any covenant or agreement hereofits obligations under this Lease; provided, however, notwithstanding Section 29.16, and without limiting Tenant's remedies hereunder or at law or equity, Landlord agrees that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific to the Building or the Property (as opposed to a Service Interruption that extends beyond the Building or the Property), or that is the result of the negligence or willful misconduct of Landlord, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event such interruption prevents Tenant from using some or all of a “Casualty” the Premise and such interruption continues for five (as defined below)5) days after Landlord's receipt of notice of same, then Tenant shall be entitled to receive an one (1) day of abated Rent (or prorated abated Rent if Tenant is using a portion of the Premises) for every one (1) day which any of the utilities or services described in Section 6.1 generally are not provided to the Premises and the Premises are not occupied by Tenant as a result thereof, such abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall to be prorated in proportion to the percentage ratio that the amount of the rentable square footage feet of the Premises that which is rendered untenantable or inaccessible; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises unfit for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Rent shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period occupancy for the conduct of its business, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage of such reoccupied portion of the Premises purposes permitted under this Lease bears to the total rentable square footage feet of the Premises. If such interruption continues for a period of more than ninety (90) consecutive days, shall be payable by then Tenant from may, at any point after the date Tenant reoccupies expiration of such portion of the Premises for the conduct of its business. As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments of Base Rent and Estimated Direct Expenses. In addition, in the event that Tenant is prevented from usingninety (90) day period, and does not useso long as such interruption is then continuing, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage)terminate this Lease and Tenant's remaining obligations hereunder. Furthermore, for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 11 or Article 13, then the Eligibility Period shall not be applicableliable 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.

Interruption of Use. No interruption or cessation of Utilities (a An “Service Interruption”) resulting from Force Majeure, Abatement Event” shall render Landlord liable for damages to either person or property or for interruption of, or loss to, Tenant’s business, or be construed defined as an eviction of Tenant, nor does event or circumstances that prevents Lessee from using the Leased Premises or any Service Interruption give Tenant the right to xxxxx any portion of Rent or relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific failure of Lessor to provide services or access to the Building or the Property Leased Premises. Lessee shall give Lessor notice (as opposed to a Service Interruption that extends “Abatement Notice”) of any such Abatement Event, and if such Abatement Event continues beyond the Building or the Property), or that is the result of the negligence or willful misconduct of Landlord, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event of a “CasualtyEligibility Period” (as that term is defined below), then the Basic Monthly Rent and Lessee’s other monetary obligations to Lessor shall be entitled abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that the Lessee continues to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption be so prevented from using, and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessibledoes not use, the amount Leased Premises or a portion thereof, in the proportion that the rentable area of Monthly Rent abated shall be prorated in proportion the portion of the Leased Premises that the Lessee is prevented from using, and does not use, bears to the percentage total rentable area of the rentable square footage of the Premises that is rendered untenantable or inaccessibleLeased Premises; provided, however, in the event that Tenant Lessee is prevented from using, and does not use, a portion of the Leased Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Leased Premises is not sufficient to allow Tenant Lessee to effectively conduct its business therein, and if Tenant Lessee does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant Lessee is so prevented from effectively conducting its business therein, the Basic Monthly Rent and Lessee’s other monetary obligations to Lessor shall be abated entirely for such time as Tenant Lessee continues to be so prevented from using, and does not use, the Leased Premises. If, however, Tenant reoccupies The term “Eligibility Period” shall mean a period of three (3) consecutive days after Lessor’s receipt of any portion of the Premises during such period for the conduct of its business, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage of such reoccupied portion of the Premises bears to the total rentable square footage of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises for the conduct of its business. As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments of Base Rent and Estimated Direct ExpensesAbatement Notice(s). In addition, in the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during if an Abatement Period Event continues for ninety (as defined in Exhibit D)90) consecutive days after any Abatement Notice, Lessee may terminate this Lease by written notice to Lessor at any time before the date such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant Event is entitled to abatement without regard to the Eligibility Period, because of an event covered cured by Article 11 or Article 13, then the Eligibility Period shall not be applicableLessor.

Interruption of Use. No interruption or cessation of Utilities (a “Service Interruption”) resulting from Force MajeureExcept as provided below, Tenant agrees that Landlord shall render Landlord not be liable for damages damages, by abatement of rent or otherwise, for failure to either person furnish or property delay in furnishing any service (including telephone and telecommunication services), or for interruption ofany 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 loss toimprovements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the 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 reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant’s business, or be construed as an eviction use and possession of Tenant, nor does any Service Interruption give Tenant the right to xxxxx any portion of Rent Premises or relieve Tenant from fulfillment paying rent or performing any of its obligations under this Lease. In the event that Tenant is prevented from using, and does not use, the Premises or any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific failure to provide services or utilities to the Building or the Property Premises as required by Section 6 of this Lease (such set of circumstances, as opposed set forth above, to a Service Interruption that extends beyond the Building or the Propertybe known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) 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 or that is reduced, as the result case may be, after expiration of the negligence Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or willful misconduct of Landlorda portion thereof, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event of a “Casualty” (as defined below), shall be entitled to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for proportion that the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the percentage rentable area of the rentable square footage portion of the Premises that Tenant is rendered untenantable or inaccessibleprevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Base Rent and Tenant’s Share of Direct Expenses for the entire Premises shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises and is conducting its business therein during such period for the conduct of its businessperiod, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage area of such reoccupied portion of the Premises bears to the total rentable square footage area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises for the conduct of its businessPremises. As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments of Such right to xxxxx Base Rent and Estimated Tenant’s Share of Direct ExpensesExpenses shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. In additionExcept as provided in this Section 6.3, in the event nothing contained herein shall be interpreted to mean that Tenant is prevented excused from usingpaying Rent due hereunder. Furthermore, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 11 or Article 13, then the Eligibility Period shall not be applicableliable 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 services or utilities.

Interruption of Use. No interruption If (i) Landlord fails to perform the obligations required of Landlord under the TCCs of this Lease, (ii) such failure causes all or cessation a portion of Utilities (a “Service Interruption”) resulting from Force Majeure, shall render Landlord liable for damages the Premises to either person or property or for interruption of, or loss to, Tenant’s business, or be construed as an eviction of untenantable and unusable by Tenant, nor does any Service Interruption give Tenant and (iii) such failure relates to (A) the right nonfunctioning of the heat, ventilation, and air conditioning system in the Premises, the electricity in the Premises, the nonfunctioning of the elevator service to xxxxx any portion of Rent or relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if the Premises, or (B) a material portion thereoffailure to provide access to the Premises, is made untenantable or inaccessible for more than Tenant shall give Landlord notice (the “Initial Notice”), specifying such failure to perform by Landlord (the “Abatement Event”). If Landlord has not cured such Abatement Event within three (3) consecutive Business Days business days after notice from Tenant to Landlord the receipt of the Initial Notice (the “Eligibility Period”) as a result of any Service Interruption that is specific to the Building or the Property (as opposed to a Service Interruption that extends beyond the Building or the Property), or that is Tenant may deliver an additional notice to Landlord (the result “Additional Notice”), specifying such Abatement Event and Tenant’s intention to axxxx the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within two (2) business days of receipt of the negligence or willful misconduct of Additional Notice, Tenant may, upon written notice to Landlord, then immediately axxxx Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in the event of a “Casualty” (as defined below), shall be entitled to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth date three (4th3) consecutive Business Day of such Service Interruption and ending on business days after the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall be prorated in proportion Initial Notice to the percentage earlier of the rentable square footage of the Premises that is rendered untenantable date Landlord cures such Abatement Event or inaccessible; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Rent shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period for the conduct of its business, the Monthly Rent allocable to such reoccupied portion, based on the proportion that the rentable square footage of such reoccupied portion of the Premises bears to the total rentable square footage of the Premises, shall be payable by Tenant from the date Tenant reoccupies recommences the use of such portion of the Premises Premises. Such right to axxxx Rent shall be Tenant’s sole and exclusive remedy at law or in equity for the conduct of its businessa Abatement Event. As used Except as provided in this LeaseSection 6.4, “Monthly Rent” means the sum of Tenant’s monthly payments of Base Rent and Estimated Direct Expenses. In addition, in the event nothing contained herein shall be interpreted to mean that Tenant is prevented excused from using, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly paying Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 11 or Article 13, then the Eligibility Period shall not be applicabledue hereunder.

Interruption of Use. No interruption Interruptions of any service to be provided by ------------------- Landlord under this Section 8 or cessation of Utilities any utility or other services to the Building or the Premises, in whole or in part caused by repairs, maintenance, replacements, breakdowns, improvements, changes of service, alterations, accidents, acts of God or an enemy, strikes, lockouts, labor controversies, insurrections, riots, picketing (a “Service Interruption”) resulting from Force Majeurewhether legal or illegal), laws, orders or regulations of any federal, state, county or municipal authorities, any accidents or casualties whatsoever, inability of Landlord to obtain electricity, fuel, water or supplies, or by the act or default of Tenant or any person other than Landlord, or by any cause or causes beyond the reasonable control of Landlord, shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable for damages (unless due to either person Landlord's negligence or property willful misconduct) by abatement or for interruption of, or loss to, Tenant’s business, or be construed as an eviction of Tenant, nor does any Service Interruption give Tenant the right to xxxxx any portion reduction of Rent or otherwise or relieve Tenant from fulfillment performance of Tenant's obligations under this Lease. In addition, Tenant agrees that compliance with any mandatory or voluntary energy conservation measures or other legal requirements instituted by any appropriate governmental authority shall not be considered a violation of any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from terms of this Lease and shall not entitle Tenant to terminate this Lease or require abatement or reduction of Rent hereunder. Landlord (“Eligibility Period”) as a result agrees to use reasonable efforts to cause the restoration of services in the event of any Service Interruption that is specific to interruption described in this paragraph. Notwithstanding the Building foregoing, if an interruption or cessation of utilities which renders the Property (as opposed to a Service Interruption that extends beyond the Building Premises untenantable results from Landlord's breach of this Lease or the Property), or that is the result of the negligence or willful misconduct of Landlord, then Tenantor its employees, as its sole remedy, but subject to Article 11 below, which shall govern in agents and contractors and the event of a “Casualty” (as defined below), shall be entitled to receive an abatement of “Monthly Rent” as (defined below) payable hereunder Premises are not used by Tenant for the period beginning on the fourth (4th) consecutive Business Day conduct of such Service Interruption and ending on the day the service is restored. If such Tenant's business as a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises result thereof for a period of time in excess of the Eligibility Period five (5) consecutive business days, Base Rent and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Rent applicable Operating Expenses shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period for the conduct of its business, period which commences five (5) business days after the Monthly Rent allocable date Tenant gives to such reoccupied portion, based on the proportion that the rentable square footage Landlord notice of such reoccupied portion of the Premises bears to the total rentable square footage of interruption until such utilities are restored or Tenant resumes using the Premises, shall be payable by whichever is earlier. In the event of any dispute between the parties as to whether Tenant from the date Tenant reoccupies such portion of the Premises for the conduct of its business. As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments is entitled to an abatement of Base Rent and Estimated Direct Operating Expenses, such dispute shall be resolved by the arbitration under the then prevailing commercial rules of the American Arbitration Association, which arbitration shall be conducted in Chicago, Illinois. In additionPending the final determination of the arbitrator(s), Tenant shall continue paying the installments of Base Rent and Operating Expenses as provided in this Lease. If the event arbitrator(s) determine that Tenant is prevented from using, and does not use, the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to an abatement without regard of Base Rent and/or Operating Expenses, Landlord shall promptly refund to Tenant the Eligibility Period, because of an event covered by Article 11 or Article 13, then amount which the Eligibility Period shall not be applicablearbitrator(s) determined is owing to Tenant.

Interruption of Use. No interruption or cessation of Utilities (a “Service Interruption”) resulting from Force MajeureExcept as otherwise provided elsewhere in this Lease with specific reference to Section 6.3 below, Tenant agrees that Landlord shall render Landlord not be liable for damages damages, by abatement of Rent or otherwise, for failure to either person furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof; 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 interruption ofinjury to, or loss tointerference 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. An “Abatement Event” shall be construed defined as an eviction of Tenant, nor does any Service Interruption give Tenant the right to xxxxx any portion of Rent or relieve event that prevents Tenant from fulfillment of using the Premises or any covenant or agreement hereof; provided, however, that if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive Business Days after notice from Tenant to Landlord (“Eligibility Period”) as a result of any Service Interruption that is specific failure to provide services or access to the Building Premises, where all of the following occurs: (i) Tenant does not actually use the Premises or such portion thereof, (ii) such event is not caused by the Property negligence or willful misconduct of Tenant or Tenant Parties, and (as opposed to a Service Interruption that extends beyond the Building or the Property), or that iii) such event is the result of caused by the negligence or willful misconduct of Landlord. Tenant shall give Landlord notice (“Abatement Notice”) of any such Abatement Event, then Tenant, as its sole remedy, but subject to Article 11 below, which shall govern in and if such Abatement Event continues beyond the event of a “CasualtyEligibility Period” (as that term is defined below), then the Base Rent and Tenant’s Share of Direct shall be entitled abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to receive an abatement of “Monthly Rent” as (defined below) payable hereunder for the period beginning on the fourth (4th) consecutive Business Day of such Service Interruption be so prevented from using, and ending on the day the service is restored. If such a Service Interruption renders less than the entire Premises untenantable or inaccessibledoes not use, the amount of Monthly Rent abated shall be prorated Premises or a portion thereof, in the proportion to that the percentage rentable area of the rentable square footage portion of the Premises that Tenant is rendered untenantable or inaccessibleprevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Monthly Base Rent and Tenant’s Share of Direct Expenses shall be abated entirely for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period for the conduct of its businessperiod, the Monthly Base Rent and Tenant’s Share of Direct Expenses allocable to such reoccupied portion, based on the proportion that the rentable square footage area of such reoccupied portion of the Premises bears to the total rentable square footage area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises for the conduct Premises. The term “Eligibility Period” shall mean a period of its businessfive (5) consecutive business days after Landlord’s receipt of any Abatement Notice(s). As used in this Lease, “Monthly Rent” means the sum of Tenant’s monthly payments of Such right to xxxxx Base Rent and Estimated Tenant’s Share of Direct ExpensesExpenses shall be Tenant’s sole and exclusive remedy at law or in equity for an Abatement Event. In addition, If a fire or other casualty results in the event that Tenant is prevented from using, and does not use, Tenant’s inability to use the Premises or any material portion thereof (meaning greater than 10% of the rentable square footage), for the Eligibility Period as a result of (a) any damage or destruction to the Premises, the Parking Areas and/or the Building, (b) subject to Section 1.1.2.C, any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date or Phase II Commencement Date (as applicable) and required or permitted by the Lease, which substantially interferes with Tenant’s use of the Premises, the Parking Areas and/or the Building, (c) any failure by Landlord to provide Tenant with services or access to the Premises, the Parking Areas and/or the Building, (d) because of an eminent domain proceeding, or (e) because of the presence of Hazardous Substances in, on or around the Premises, the Building or the Property which could pose a health risk to occupants of the Premises and which was not caused by any Tenant Party, then, as Tenant’s sole remedy, Monthly Rent shall be abated after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area terms and conditions of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises (such period of time that Monthly Rent is abated being the “Loss of Use Abatement Period”). If Tenant’s right to abatement pursuant to the paragraph above or this paragraph occurs during an Abatement Period (as defined in Exhibit D), such Abatement Period shall be extended for the number of days that the such abatement period overlapped the Abatement Period (“Overlap Period”). To the extent Tenant is entitled to abatement without regard to the Eligibility Period, because of an event covered by Article 11 or Article 13, then the Eligibility Period below shall not be applicableapply rather than this Section 6.3.