Common use of Interruption of Utilities Clause in Contracts

Interruption of Utilities. Landlord shall have no liability to Tenant for any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the following: (a) accident, casualty, breakage or repairs; (b) strikes, lockouts or other labor disturbances or labor disputes of any such character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “xxxxx-out” or “black-out”; (f) act or default by Tenant or other party; or (g) any other cause beyond Landlord’s reasonable control. In addition, in the event of any such interruption in utilities or services, Tenant shall not be entitled to any abatement or reduction of Rent (except as expressly provided in Section 16 and Section 17 if such failure is a result of any casualty damage or Taking described therein), no eviction of Tenant shall result, and Tenant, shall not be relieved from the performance of any covenant or agreement in this Lease. In the event of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or permitting the termination of this Lease due to an interruption, failure or inability to provide any services.

Appears in 1 contract

Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

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Interruption of Utilities. Tenant agrees that Landlord shall have no liability not be liable for damages, by abatement of Rent or otherwise, for failure to Tenant furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any interruption in utilities service when the failure, delay, or services to be provided to the Premises when such failure diminution is entirely or partially caused by all or any of the followingby: (a) accidentbreakage, casualtyrepairs, breakage replacements, or repairsimprovements which is corrected within two (2) business days; (b) strikesstrike, lockouts lockout, or other labor disturbances or labor disputes of any such charactertrouble; (c) governmental regulationinability to secure electricity, moratorium gas, water, or other governmental actionfuel at the Building despite reasonable efforts to do so; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water accident or fuelcasualty; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “xxxxx-out” or “black-out”; (f) act or default by of Tenant or other partyparties other than Landlord; or (gf) any other cause beyond Landlord’s reasonable control. In additionSuch failure, delay, or diminution shall not be considered to constitute an eviction or a 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, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord’s negligence or intentional misconduct and continues for more than two (2) business days. 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 loss of profits through, in connection with, or incidental to a failure to furnish any of the event of utilities or services under this Article. Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption in of utilities or services. Landlord may also comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, Tenant shall not be entitled to any abatement water, gas, light, or electricity or the reduction of Rent (except as expressly provided in Section 16 and Section 17 if such failure is a result automobile or other emissions without creating any liability of any casualty damage or Taking described therein), no eviction of Landlord to Tenant shall result, and Tenant, shall not be relieved from the performance of any covenant or agreement in this Lease. In the event of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or permitting the termination of under this Lease due to an interruption, failure as long as compliance with voluntary controls or inability to provide any servicesguidelines does not materially and unreasonably interfere with Tenant’s use of the Premises.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Zogenix Inc)

Interruption of Utilities. Tenant agrees that Landlord shall have no liability not be liable for damages, by abatement of Rent or otherwise, for failure to Tenant furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality of quantity of any interruption in utilities service when the failure, delay, or services to be provided to the Premises when such failure diminution is entirely or partially caused by all or any of the followingby: (a) accidentbreakage, casualtyrepairs, breakage replacements, or repairsimprovements; (b) strikesstrike, lockouts lockout, or other labor disturbances or labor disputes of any such charactertrouble; (c) governmental regulationinability to secure electricity, moratorium gas, water, or other governmental actionfuel at the Building after reasonable effort to do so; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water accident or fuelcasualty; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “xxxxx-out” or “black-out”; (f) act or default by of Tenant or other partyparties; or (gf) any other cause beyond Landlord’s 's reasonable control. In additionSuch failure, in the event of any such interruption in utilities delay, or services, Tenant diminution shall not be entitled considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any abatement or reduction of Rent (except as expressly provided in Section 16 and Section 17 if such failure is a result of any casualty damage or Taking described therein), no eviction of Tenant shall result, and Tenant, its obligations under this Lease. Landlord shall not be relieved from liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the performance utilities or services under this Article 10. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government 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 covenant or agreement in this Lease. In the event liability of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or permitting the termination of under this Lease due to an interruption, failure as long as compliance with voluntary controls or inability to provide any servicesguidelines does not materially and unreasonably interfere with Tenant's use of the Premises.

Appears in 1 contract

Samples: Cayenta Inc

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Interruption of Utilities. Tenant agrees that Landlord shall have no liability not be liable for damages, by abatement of Rent or otherwise, for failure to Tenant furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any interruption in utilities service when the failure, delay, or services to be provided to the Premises when such failure diminution is entirely or partially caused by all or any of the followingby: (a) accidentbreakage, casualtyrepairs, breakage replacements, or repairsimprovements; (b) strikesstrike, lockouts lockout, or other labor disturbances or labor disputes of any such charactertrouble; (c) governmental regulationinability to secure electricity, moratorium gas, water, or other governmental actionfuel at the Building after reasonable effort to do so; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water accident or fuelcasualty; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “xxxxx-out” or “black-out”; (f) act or default by of Tenant or other partyparties; or (gf) any other cause beyond Landlord’s 's reasonable control. In additionSuch failure, in the event of any such interruption in utilities delay, or services, Tenant diminution shall not be entitled considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any abatement or reduction of Rent (except as expressly provided in Section 16 and Section 17 if such failure is a result of any casualty damage or Taking described therein), no eviction of Tenant shall result, and Tenant, its obligations under this Lease. Landlord shall not be relieved from liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the performance utilities or services under this Article 10. Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government 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 covenant or agreement in this Lease. In the event liability of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or permitting the termination of under this Lease due to an interruption, failure as long as compliance with voluntary controls or inability to provide any services.guidelines does not materially and unreasonably interfere with Tenant's use of the Premises. *SEE ADDENDUM

Appears in 1 contract

Samples: Acc Consumer Finance Corp

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