Common use of Interruptions Clause in Contracts

Interruptions. Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after such interruption or discontinuance commences until the date on which the affected service is restored. Landlord shall exercise reasonable diligence to restore any service so interrupted.

Interruptions. Landlord does shall not warrant that be liable for any damages directly or indirectly resulting from the interruption in any of the services referred to described above, nor shall any such interruption entitle Tenant to any abatement of Rent (except as set forth below) or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one right to terminate this Lease or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction eviction, constructive or disturbance of Tenant’s actual. Landlord shall use and possession of the Premises, or any part thereof, nor render Landlord liable reasonable efforts to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Leasefurnish uninterrupted services as required above. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) and any other applicable existing or future Law permitting the termination of this Lease due to such an interruption, failure or inabilityinability to provide any services. Notwithstanding the foregoing, if in the event that any interruption or discontinuance of service for services provided by Landlord pursuant to Section 14(a) above (i) was within the reasonable control of Landlord to prevent or correct (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) continuous Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after or any material portion thereof, and (iv) on account of such interruption or discontinuance commences until disturbance Tenant ceases doing business in the date Premises or any material portion thereof, Base Rent shall xxxxx proportionately, beginning on which the affected service is restoredsixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord shall exercise agrees to use reasonable diligence efforts to restore any such interrupted or discontinued service so interruptedas soon as reasonably practicable.

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Landlord Any interruption interruption, reduction or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after such interruption or discontinuance commences until the date on which the affected service is restored. Landlord shall however, exercise reasonable diligence to restore any service so interrupted. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using all or any portion of the Premises for the conduct of business as a result of an “Abatement Event” which means any failure by Landlord to provide any utility or service required to be provided by Landlord where the means for providing such utility or service is in Landlord’s direct control (as contrasted with a utility provider’s failure to provide utilities), and the Abatement Event continues for a period of five (5) consecutive business days after Tenant gives written notice thereof to Landlord (“Eligibility Period”), then Tenant’s rent shall be reduced after the expiration of the Eligibility Period, for such time that Tenant continues to be so prevented from using such portion of the Premises in the proportion that the square footage of the portion of the Premises which Tenant is prevented from using, and does not use, bears to the total square footage of the Premises.

Interruptions. Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption, failure interruption or inabilitydiscontinuance. Notwithstanding the foregoing, if the any interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or Landlord’s representativesits agents or employees, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after and correcting such interruption or discontinuance commences until is within Landlord’s reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant’s written notice thereof to Landlord, and Tenant is unable to conduct and does not conduct any business in a material portion of the date Premises as a result thereof, then Tenant shall be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such fifteen (15) business day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on which the affected service portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any interruption or discontinuance described in this paragraph that is restored. Landlord caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall exercise reasonable diligence to restore be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of Tenant or any service so interruptedother Tenant Parties.

Interruptions. Except as otherwise provided in this Lease, Landlord does shall not warrant that be liable for any damages directly or indirectly resulting from the interruption in any of the services referred to described above, nor shall any such interruption entitle Tenant to any abatement of Rent or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one right to terminate this Lease or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction eviction, constructive or disturbance of Tenant’s actual. Landlord shall use and possession of the Premises, or any part thereof, nor render Landlord liable reasonable efforts to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Leasefurnish uninterrupted services as required above. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) and any other applicable existing or future Law permitting the termination of this Lease due to such an interruption, failure or inabilityinability to provide any services. Notwithstanding the foregoing, if in the event that any interruption or discontinuance of service for five services provided by Landlord pursuant to Section 14(a) above (5i) continuous business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of any Landlord Party or was within the reasonable control of Landlord to prevent (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) Business Days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and adversely affects Tenant’s representatives, rent shall be abated or be reduced, ability to conduct business in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after or any material portion thereof, and (iv) on account of such interruption or discontinuance commences until disturbance Tenant ceases doing business in the date Premises or a material portion thereof, Base Rent and Additional Rent shall xxxxx proportionately, beginning on which the affected service is restoredsixth (6th) Business Day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof. To the extent within Landlord’s reasonable control, Landlord shall exercise agrees to use reasonable diligence efforts to restore any such interrupted or discontinued service so interruptedas soon as reasonably practicable.

Interruptions. Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption, failure interruption or inabilitydiscontinuance. Notwithstanding the foregoing, if the any interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or Landlord’s representativesits agents or employees, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after and correcting such interruption or discontinuance commences until is within Landlord’s reasonable control, and such interruption or discontinuance continues for ten (10) or more consecutive Business Days after Tenant’s written notice thereof to Landlord, and Tenant is unable to conduct and does not conduct any business in a material portion of the date Premises as a result thereof, then Tenant shall be entitled to an abatement of Monthly Rent and Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such ten (10) Business Day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on which the affected service portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any interruption or discontinuance described in this paragraph that is restored. Landlord caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall exercise reasonable diligence to restore be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of Tenant or any service so interruptedother Tenant Parties.

Interruptions. Landlord does shall not warrant that be liable for any damages directly or indirectly resulting from the interruption in any of the services referred to described above, nor shall any such interruption entitle Tenant to any abatement of Rent or any other right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services which Landlord may supplyas required above. Notwithstanding the foregoing, will be free from interruption and Tenant acknowledges in the event that any one interruption or more discontinuance of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary provided pursuant to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond this Article 15 was within the reasonable control of Landlord. Any interruption Landlord to prevent (and was not caused in any way by the act or discontinuance omission of service shall not be deemed an eviction Tenant or disturbance of Tenant’s use employees, invitees or contractors), (ii) continues beyond five (5) business days after the date of delivery of written notice from Tenant to Landlord, (iii) materially and possession of adversely affects Tenant’s ability to conduct business in the Premises, or any part material portion thereof, nor render Landlord liable to Tenant for damages by abatement and (iv) on account of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the interruption or discontinuance of service for five (5) continuous disturbance Tenant ceases doing business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from Base Rent shall xxxxx proportionately, beginning on the sixth (6th) business day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such interruption or discontinuance commences until portion thereof. To the date on which the affected service is restored. extent within Landlord’s reasonable control, Landlord shall exercise agrees to use reasonable diligence efforts to restore any such interrupted or discontinued service so interruptedas soon as reasonably practicable.

Interruptions. Landlord does not warrant that any of Except to the services referred to aboveextent caused by, or any other services which Landlord may supplyarising out of, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, if the interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and is caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s representativesentering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service 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 therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be abated or be reduced, in the proportion that the affected rentable an abatement on a square footage affected by prorata basis of Fixed Rent and additional rent from and after said time period, until such interruption bears to the total rentable square footage of the Premises, from the sixth business day after such interruption or discontinuance commences until the date on which the affected service is services are restored. Landlord shall exercise agrees to use its commercially reasonable diligence efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service so interruptedor utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Landlord does shall not warrant that be liable for any damages directly or indirectly resulting from the interruption in any of the services referred to described above, nor shall any such interruption entitle Tenant to any abatement of Rent or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one right to terminate this Lease or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service shall not be deemed an eviction eviction, constructive or disturbance of Tenant’s actual. Landlord shall use and possession of the Premises, or any part thereof, nor render Landlord liable reasonable efforts to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Leasefurnish uninterrupted services as required above. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) and any other applicable existing or future Law permitting the termination of this Lease due to such an interruption, failure or inabilityinability to provide any services. Notwithstanding the foregoing, if in the event that any interruption or discontinuance of service for services provided by Landlord pursuant to Section 15(a) above (i) was within the reasonable control of Landlord to prevent (and was not caused in any way by the act or omission of Tenant or Tenant’s employees, agents, invitees or contractors), (ii) continues beyond five (5) continuous business days prevents after the date of delivery of written notice from Tenant from operating its to Landlord, (iii) materially and adversely affects Tenant’s ability to conduct business from the Premises and is caused by the negligence or willful misconduct of Landlord or Landlord’s representatives, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from or any material portion thereof, and (iv) on account of such interruption or disturbance Tenant ceases doing business in the Premises or such portion thereof, Base Rent shall xxxxx proportionately, beginning on the sixth (6th) business day after delivery of said notice and continuing for so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such interruption or discontinuance commences until portion thereof. To the date on which the affected service is restored. extent within Landlord’s reasonable control, Landlord shall exercise agrees to use reasonable diligence efforts to restore any such interrupted or discontinued service so interruptedas soon as reasonably practicable.

Interruptions. Landlord does not warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord. Any interruption or discontinuance of service utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s 's use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s 's obligations under this Lease. Tenant hereby waives any Ring Central, Inc. Lease 13 benefits of any applicable existing or future Law, including the provisions of California Civil Code Section 1932(1), ) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption, failure interruption or inabilitydiscontinuance. Notwithstanding the foregoing, if the any interruption or discontinuance of service for five (5) continuous business days prevents Tenant from operating its business from the Premises and utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or Landlord’s representativesits agents or employees, rent shall be abated or be reduced, in the proportion that the affected rentable square footage affected by such interruption bears to the total rentable square footage of the Premises, from the sixth business day after and correcting such interruption or discontinuance commences until is within Landlord's reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant's written notice thereof to Landlord, and Tenant is unable to conduct and does not conduct any business in a material portion of the date Premises as a result thereof, then Tenant shall be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such fifteen (15) business day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on which the affected service portion of the Premises rendered unusable for Tenant's business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any interruption or discontinuance described in this paragraph that is restored. Landlord caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall exercise reasonable diligence to restore be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of Tenant or any service so interruptedother Tenant Parties.