Common use of Interruption of Use Clause in Contracts

Interruption of Use. Lessee agrees that Lessor 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 Lessee or other panics or by any other cause beyond Lessor's reasonable control and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Lessee's use and possession of the Premises or relieve Lessee from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Lessee'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 unless caused by Lessor's negligence or intentional misconduct. If Lessee's use of the Premises is prevented, either due to an interruption of building services or otherwise rendering the Premises untenantable (e.g. fire or casualty), for a consecutive period of three (3) days or more, resulting in the inability of Lessee to conduct its normal business activities, Lessee's Base Rent. Additional Rent and parking charges shall be abated for the period of time such interruption of services occurs.

Appears in 2 contracts

Samples: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)

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Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Project Building after reasonable effort to do so so, by any accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond Lessor's Landlord’s reasonable control control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Lessee's Tenant’s use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Lessee's 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 unless as set forth in this Article 6. Notwithstanding anything to the contrary in this Lease, if the Premises are not reasonably suitable for Tenant’s use as a consequence of utilities interruption caused by Lessor's the gross negligence of Landlord or intentional misconduct. If Lessee's use its agents, employees or contractors and if restoration of such utilities service is within the Premises is preventedreasonable control of Landlord, either due then Tenant shall be entitled to an interruption equitable abatement of building services or otherwise rendering Rent to the Premises untenantable extent such interference continues for more than five (e.g. fire or casualty), for a 5) consecutive period of three (3) days or more, resulting in the inability of Lessee to conduct its normal business activities, Lessee's Base Rent. Additional Rent and parking charges shall be abated for the period of time such interruption of services occursdays.

Appears in 1 contract

Samples: Lease (Invitae Corp)

Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Project Real Property after reasonable effort to do so so, by any accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond Lessor's Landlord’s reasonable control control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Lessee's Tenant’s use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Lessee's 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 unless caused by Lessor's negligence or intentional misconductas set forth in this Article 6, if any. If Lessee's use all or any portion of the Leased Premises is prevented, either due to an interruption of building services made untenantable or otherwise rendering the Premises untenantable (e.g. fire or casualty), inaccessible for a consecutive period of more than three (3) consecutive business days after notice from Tenant to Landlord by an interruption of services which is caused by the negligence of Landlord or moreits employees, resulting agents or contractors and is in the inability reasonable control of Lessee to conduct Landlord or its normal business activitiesemployees, Lessee's agents or contractors, Base Rent. Additional Rent and parking charges shall be abated xxxxx for the period beginning on the day immediately following such 3-business-day period and ending on the day such service interruption ends, but only in proportion to the percentage of time such interruption the rentable square footage of services occursthe Premises made untenantable or inaccessible.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Building or Project after reasonable effort to do so so, by any accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond Lessor's Landlord’s reasonable control control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Lessee's Tenant’s use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Lessee's 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 unless caused by Lessor's negligence or intentional misconductas set forth in this Article 6. If Lessee's use of Notwithstanding any provision contained herein to the Premises is preventedcontrary, either due to an interruption of building services or otherwise rendering the Premises untenantable (e.g. fire or casualty), for a consecutive period of three (3) days or more, resulting in the inability of Lessee to conduct its normal business activities, Lessee's Tenant’s Base Rent. Additional Rent and parking charges shall be abated to the extent that utility services are interrupted for the a period of time such interruption five (5) or more consecutive business days as a result of services occursLandlord’s sole fault or neglect and not due to (i) the fault of the utility supplier or failure of the utility supplier to provide the applicable service, (ii) Force Majeure (as defined in Section 24.17), (iii) a casualty, or (iv) the act or omission of Tenant, its employees, contractors or agents or the failure of any equipment or non-Building standard improvements installed by Tenant in the Premises; provided Tenant is prevented from using the Premises as a result thereof.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Building or Project after reasonable effort to do so so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond LessorLandlord's reasonable control (provided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors); and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of LesseeTenant's use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, LesseeTenant'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 unless as set forth in this Article 6, provided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by Lessor's the gross negligence or intentional misconduct. If Lessee's use willful misconduct of the Premises is preventedLandlord, either due to an interruption of building services its agents, employees or otherwise rendering the Premises untenantable (e.g. fire or casualty), for a consecutive period of three (3) days or more, resulting in the inability of Lessee to conduct its normal business activities, Lessee's Base Rent. Additional Rent and parking charges shall be abated for the period of time such interruption of services occurscontractors.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

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Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Building or Project after reasonable effort to do so so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond LessorLandlord's reasonable control control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of LesseeTenant's use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease, except that if such failure to furnish services results from the negligence or willful misconduct of Landlord or Landlord’s agent, or continues in excess of three (3) consecutive days, and as a result thereof Tenant is unable to operate its business from the Premises, then, in such event, Tenant’s Base Rent and regularly recurring Additional Rent hereunder shall xxxxx during the period thereof. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, LesseeTenant'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 unless caused by Lessor's negligence or intentional misconduct. If Lessee's use of the Premises is prevented, either due to an interruption of building services or otherwise rendering the Premises untenantable (e.g. fire or casualty), for a consecutive period of three (3) days or more, resulting as set forth in the inability of Lessee to conduct its normal business activities, Lessee's Base Rent. Additional Rent and parking charges shall be abated for the period of time such interruption of services occursthis Article 6.

Appears in 1 contract

Samples: Office Lease (Skechers Usa Inc)

Interruption of Use. Lessee Tenant agrees that Lessor 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 water, or other fuel at the Building or Project after reasonable effort to do so so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever whatsoever, by act or default of Lessee Tenant or other panics parties, or by any other cause beyond Lessor's Landlord’s reasonable control (provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors); and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Lessee's Tenant’s use and possession of the Premises or relieve Lessee Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Lessor Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Lessee'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 unless as set forth in this Article 6; provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by Lessor's the gross negligence or intentional misconduct. If Lessee's use willful misconduct of the Premises is preventedLandlord, either due to an interruption of building services its agents, employees or otherwise rendering the Premises untenantable (e.g. fire or casualty), for a consecutive period of three (3) days or more, resulting in the inability of Lessee to conduct its normal business activities, Lessee's Base Rent. Additional Rent and parking charges shall be abated for the period of time such interruption of services occurscontractors.

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology Holdings Inc)

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