Common use of Interruptions Clause in Contracts

Interruptions. Landlord shall not be liable to Tenant in damages or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents or employees entering the Premises for any of the purposes authorized in this Lease or for repairing, altering or improving the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premises. In case Landlord is prevented or delayed from making any repairs or replacements or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefor, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Except as provided herein, Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided herein and in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord shall use reasonable diligence to make or cause to be made such repairs as may be required to machinery or equipment within the Building or on the Lot to Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. (a) Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot or Leasehold Parking Area. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect unnecessary inconvenience to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused Tenant by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasereason thereof.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot or Additional Parking Area. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect unnecessary inconvenience to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused Tenant by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasereason thereof.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent Annual Fixed Rent or otherwise Additional Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of Annual Fixed Rent or Additional Rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in unnecessary inconvenience to Tenant by reason thereof. To the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances extent within Landlord’s its reasonable control, (C) such Service Interruption was not caused Landlord shall use good faith efforts to promptly restore any service or utility suspended , curtailed or interrupted by Tenant Landlord or Tenant’s Landlord's agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption servants or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseemployees.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord cessation, interruption or its agents material diminishment of utility services (including, without limitation, electricity, gas, water or employees telecommunications) to the Premises or the Brighton Landing Condominium Common Elements (referred to herein as a “Utility Services Interruption”) or from the necessity of Landlord’s entering the Premises East Unit for any of the purposes authorized in this Lease authorized, or for repairingrepairing the East Unit, altering except to the extent that such losses are the result of Landlord’s, or improving the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with TenantLandlord’s use of the Premisesagents or employees, gross negligence or willful misconduct. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, constructive total or partial, eviction from the PremisesEast Unit. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that . Except in each instance case of stoppage, Landlord shall give Tenant emergency repairs (in which case such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs shall be provided), Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards. Notwithstanding the foregoing, and subject to in the terms and conditions event of this Leaseany Utility Services Interruption, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to shall use commercially reasonable efforts to avoid interference with Tenant’s business operations in promptly restore such utility services. In the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there event that such Utility Services Interruption is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant Landlord or TenantLandlord’s agents, employees or contractors and such utility services are not restored to adequate levels within five (D5) such Service Interruption continues for more than three (3) consecutive business days after (iexcepting delays covered by force majeur), then Tenant shall be entitled to an equitable abatement of Annual Base Rent commencing on the sixth (6th) Landlordbusiness day and continuing until such services are restored, which equitable abatement shall be reasonably related to the extent that the Tenant’s receipt use of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) the Premises is diminished as a result of such Utility Service Interruption, and this shall be the conduct of Tenant’s normal business operations sole and exclusive remedy at law or in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseequity.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance annoyance, injury, death or for loss of business arising from Landlord power or its agents other utility losses or employees shortages, air pollution or contamination, or from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesfood service provided by Landlord pursuant to Section 5.1.5. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, constructive total or partial, eviction from the PremisesPremises but Landlord shall use reasonable and diligent efforts to correct the condition. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and and, in any event, will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case case, notwithstanding Landlord’s diligent efforts in connection therewith, Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s control's control (expressly excluding Landlord's financial inability), Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise use and occupancy of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In Except as set forth in Article VII, the event such Service Interruption continues foregoing rights shall be Tenant’s sole remedy at law or in equity for more than ninety (90) days, Tenant may terminate the interruptions described in this LeaseSection 5.2.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in ARTICLE VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord shall use reasonable efforts to avoid inconvenience to Tenant arising from interruptions in services and to restore such services and make related repairs as expeditiously as is practicable. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant, nor shall ----------------------------- Tenant in damages have a claim for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business rent, arising from Landlord interruptions or its agents shortages of utilities or employees building services, or from Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairingrepairing the Premises, altering or improving any portion of the Building in a manner reasonable in light of and/or the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the PremisesProperty. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefortherefore, nor shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary unreasonable inconvenience tQ Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards. In so doing, Landlord shall make reasonable efforts to avoid unreasonable inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent Annual Fixed Rent or otherwise Additional Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord’s entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of Annual Fixed Rent or Additional Rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in unnecessary inconvenience to Tenant by reason thereof. To the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances extent within Landlord’s its reasonable control, (C) such Service Interruption was not caused Landlord shall use good faith efforts to promptly restore any service or utility suspended , curtailed or interrupted by Tenant Landlord or TenantLandlord’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption servants or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseemployees.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord’s entering the Premises for any of the purposes authorized in this Lease Lease, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, or total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding If the foregoingservice can be reasonably restored by Landlord and is not restored within ten (10) days, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in rent shall xxxxx commencing from the exercise of rights hereunder with respect to repairs or improvements to time the Building or service ceases. If the service can be reasonably restored by Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or and is not restored within thirty (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (9030) days, Tenant may shall have the right to terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering or improving the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of repairing the Premises, Building, or lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s control's control or in case Tenant's access to the Premises is limited by Landlord's repairs, alterations or improvements, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.