Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make commercially reasonable efforts to avoid the same interfering with Tenant’s business. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement.
Appears in 2 contracts
Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing emergencies, or for any Work of heatingImprovement which, elevatorin Landlord’s reasonable judgment, air conditioningis necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure of or defect in such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Amended and Restated Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. Notwithstanding the foregoing, Tenant shall be entitled foregoing and any other provision of this Lease to a proportionate abatement of Base Rent the contrary (other than in the event of a Landlord Service Interruption (as defined belowcasualty or a Taking, for which the provisions of Articles 11 and 12 of this Lease shall govern). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event if (i) any services to the Premises shall lack or any service which Landlord is required utilities to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases are interrupted due to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is a cause within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord willor Tenant’s ability to use and occupy part or all of the Premises is impaired due to the foregoing activities of Landlord, if reasonably practicalits agents, cooperate with Tenant to arrange for employees or contractors, in the provision performance of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished such Work of Improvement, (ii) Tenant is unable to, and Tenant will permit Landlord the necessary access to does not, use such part or all of the Premises as a result of such interruption or impairment, (iii) Tenant shall have given notice respecting such interruption or impairment to remedy Landlord, and (iv) Landlord shall have failed to cure such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven interruption or impairment within five (75) consecutive Business Days days after Landlord’s receipt of written notice from Tenant receiving such notice, then Rent hereunder as to such part or all of the Landlord Service InterruptionPremises shall thereafter be abated beginning on the first (1st) day of such interruption or impairment until such time as such interruption is restored or such impairment shall cease, or Tenant begins using such part or all of the Premises again, whichever shall first occur. This Section 6.03 Such abatement of Rent shall be Tenant’s sole and exclusive remedy on account recourse in the event of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any such interruption or failure impairment. In the event of services required to be provided by Landlord under Section 6.02(a) a casualty or Exhibit E attached heretoa Taking, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence applicable provisions of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to Lease shall prevail over the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement10.11.
Appears in 2 contracts
Samples: Lease (Marchex Inc), Lease (Marchex Inc)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing of heatingemergencies, elevatoror for Restorative Work which, air conditioningin Landlord’s reasonable judgment, are necessary or appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure or defect in any such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. Notwithstanding The exercise of any such right or the foregoingoccurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be entitled liable in any way to a proportionate abatement Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of Base Rent in electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. In the event of a Landlord Service Interruption (as defined below)casualty or a Taking, the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section. For the purposes hereofThe foregoing notwithstanding, a “Landlord Service Interruption” shall occur in the event if any failure or stoppage of Landlord’s services under this Lease (i) renders the Premises shall lack or any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent portion thereof untenantable for the normal conduct of the usable area Tenant’s business in all or a portion of the Premises untenantable for and Tenant has ceased using the entirety of Premises or the Landlord Service Interruption Cure Period (as defined below), affected portion thereof; (ii) such lack of service was not caused by the act Tenant, its employees, invitees or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Periodagents; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange extends for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven a period longer than three (73) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto(or, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruptionof Unavoidable Delay, ten (10) Business Days), then Tenant shall have the right provided no Event of Default exists, Tenant’s obligation to a retroactive equitable abatement of Base Rent pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account affected portion of the retroactive abatementPremises shall be abated beginning on the third (3rd) Business Day (or, in the event of Unavoidable Delay, the tenth (10th) Business Day) following the date the aforementioned conditions are met and shall continue with respect to the Premises or the affected portion thereof (as applicable) until the conditions described in clause (i) no longer exist.
Appears in 1 contract
Samples: Lease (Convio, Inc.)
Service Interruptions. When necessary by reason of accident Landlord will not be liable to Tenant or emergencyany other person, for direct or consequential damages, or otherwise, for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary any failure to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevatorsupply any heat, air conditioning, elevator, cleaning, water, lighting or for any surges or interruptions of electricity, or other service Landlord has agreed to supply during any period. However, if such services are interrupted such that Tenant is prevented from using the Leased Premises (or a portion thereof) for a period of more than five (5) consecutive Business Days and cleaning services and such interruption is attributable to: (iia) the operation negligence or willful misconduct of Landlord; or (b) Landlord’s failure to act reasonably to restore such interruption after notice from Tenant or any governmental authority or utility company, then the Rent shall xxxxx with regard to the proportion of the plumbing and electric systems. Landlord shall exercise reasonable diligence Leased Premises that is unusable until such time as Tenant is able to eliminate use the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected Leased Premises (or any of the Tenant’s obligations hereunder reducedportion thereof), and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make commercially reasonable efforts to avoid if the same interfering with Tenantcontinues for one hundred eighty (180) consecutive days and such interruption is attributable to: (a) the negligence or willful misconduct of Landlord; or (b) Landlord’s business. Notwithstanding the foregoingfailure to act reasonably to restore such interruption after notice from Tenant or any governmental authority or utility company, Tenant shall be entitled to terminate this Lease by delivering written notice thereof to Landlord. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a proportionate abatement national or local emergency, any rule, order or regulation, conditions of Base Rent supply and demand which make any product unavailable, Landlord’s compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord, and Landlord will not be liable to Tenant or any other person for such discontinuation of services. Landlord will not be liable to Tenant or any other person or entity for direct or consequential damages resulting from the admission to or exclusion from the Building of any person. Except as provided hereinabove, Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance of utilities or services provided by Landlord, nor will such discontinuance in the event of a Landlord Service Interruption (any way be construed as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission an eviction of Tenant or cause an abatement of Rent or operate to release Tenant from any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole obligations under this Lease. Landlord reserves the right from time to time to make changes in the utilities and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or Building provided such changes do not detract from the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account level of the retroactive abatementexisting utilities and services.
Appears in 1 contract
Samples: Office Lease Agreement (Roblox Corp)
Service Interruptions. When necessary by reason Notwithstanding any contrary provision herein and except only to the extent resulting from BFI's willful misconduct or intentional breach of accident or emergencythis Agreement, BFI shall not be responsible for and shall not be in default of this Agreement as a result of, nor shall it be held liable for any damages, claims, losses, or for repairscosts and expenses on account of, alterationsany interruption of the Andrita Services, replacements including the Origination Services, to the extent that such interruption or improvements which in failure occurs due to any of the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend following: (i) damage to any equipment or interruptions in the furnishing Andrita Services caused by electrical storms, fire, weather, flood, natural disaster, national emergency or war, sabotage, riots, governmental authority (only where such act of heatinggovernment or governmental authority is not caused by BFI's intentional breach of its obligations under this Agreement, elevatoracts of God, air conditioningwillful or criminal misconduct of third parties beyond BFI's reasonable control, and cleaning services and or other forces outside the control of BFI; (ii) the operation of the plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or interference from other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or communications systems, except whether licensed or not, that use the same frequency bands as provided the Transmission Services herein. Landlord , provided, that BFI shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make use commercially reasonable efforts in its reasonable discretion to avoid the same interfering with Tenant’s business. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack mitigate or eliminate any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Partyinterference; (iii) Tenant in fact ceases to use at least fifty (50%) percent any interruption or out of specification performance of the Premises for BFI Transponder, any associated satellite transponders; (iv) conditions, which are beyond the entirety control of BFI, that threaten the safety of operations and maintenance personnel; (v) occasional interruptions due to passing of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances sun within the Landlord’s beamwidth of any associated BFI Transponder during the spring and fall equinox periods beyond BFI's reasonable control and customary care in the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven industry; (7vi) consecutive Business Days after Landlord’s receipt of written notice from Tenant degradation or interruptions of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services Channel due to protection switching; (vii) outage or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or degradation due to atmospheric attenuation of the Channel; (viii) such planned interruptions for testing or maintenance as may be agreed to in advance between Customer and BFI; (ix) any failure of services required Customer to be provided fulfill an obligation hereunder where the failure of Customer to perform such obligation causes a service interruption; and/or (x) compliance by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part BFI with action by any act court, agency, legislature or omission of Tenant other governmental authority that makes it unlawful for BFI to provide the Andrita Services or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved part thereof in accordance with Section 16.17 this Agreement, in each case only where such action is not caused by BFI's intentional breach of its obligations under this Lease; providedAgreement ***** For the sake of clarity, howeverBFI shall not be responsible for any service interruptions for: (x) services or facilities arranged by the Customer and not provided by BFI, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right (y) any feeds into BFI provided by third parties or Customer whether arranged by BFI or not and any interruption caused by or related to a retroactive equitable abatement any media or playlist provided by or on behalf of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement.Customer. *****
Appears in 1 contract
Samples: Services and Facilities Agreement (Playboy Enterprises Inc)
Service Interruptions. When necessary by reason Except as otherwise provided herein, upon the occurrence of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeurea Service Failure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule use all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make commercially reasonable efforts to avoid promptly remove the same interfering with Service Failure, although no Service Failure shall constitute a constructive eviction of Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s businessProperty, arising out of or in connection with any Service Failure or the failure of any Project safety services, personnel or equipment except to the extent arising from the negligence or willful misconduct of Landlord or the Landlord Parties. Notwithstanding anything to the foregoingcontrary contained in this Lease, Tenant shall be entitled to a proportionate abatement of Base Rent in the event Tenant is prevented from using, and does not use, the Premises or any portion thereof for more than five (5) consecutive business days as a result of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) any Service Failure caused by Landlord (and the Premises shall lack any service which Landlord Service Failure is required not due to provide hereunder thereby rendering at least fifty (50%) percent the failure of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined belowservice provider), (ii) such lack Landlord’s failure to make repairs required to be made by Landlord under this Lease (after the Commencement Date and following expiration of service was not caused by the act or omission of Tenant or any Tenant Party; cure period applicable thereto), and/or (iii) any repair or maintenance work performed by Landlord after the Commencement Date and required to be performed by Landlord under this Lease, then Tenant’s obligation to pay Rent shall be abated or reduced, as the case may be, from the sixth (6th) business day after such occurrence and continuing until such time that Tenant is no longer so prevented from using, and does not use, the Premises or such portion thereof, in fact ceases to use at least fifty (50%) percent the proportion that the rentable square feet of the portion of the Premises for that Tenant is prevented from using bears to the entirety total rentable square feet of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementPremises.
Appears in 1 contract
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing emergencies, or for any Work of heatingImprovement which, elevatorin Landlord’s reasonable judgment, air conditioningis necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure of or defect in such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. Notwithstanding The exercise of any such right or the foregoingoccurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be entitled liable in any way to a proportionate abatement Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Base Rent Landlord. Except in the event of a emergency, Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required use its commercially reasonable efforts to provide hereunder thereby rendering at least fifty (50%) percent 48 hours prior notice before conducting any Work of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act Improvement which will interrupt or omission of Tenant or curtail any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementBuilding services.
Appears in 1 contract
Samples: Lease (DemandTec, Inc.)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing of heatingemergencies, elevatoror for Restorative Work which, air conditioningin Landlord’s reasonable judgment, are necessary or appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruptionfailure, curtailmentdefect or interruption of any such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. Notwithstanding The exercise of any such right or the foregoingoccurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be entitled liable in any way to a proportionate abatement of Base Rent Tenant for any failure, defect or interruption of, or change in the event supply, character and/or quantity of a Landlord Service Interruption (as defined below)electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. For Any provision of this Lease to the purposes hereofcontrary notwithstanding, a “Landlord Service Interruption” shall occur in if any failure or stoppage of Landlord’s services, including the event Emergency Power System, (i) the Premises shall lack renders any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area portion of the Premises untenantable for the entirety normal conduct of Tenant’s business at the Premises and Tenant does not in fact use or occupy such portion of the Landlord Service Interruption Cure Period (as defined below), Premises; (ii) such lack of service was not caused by the act Tenant, its employees, invitees or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Periodagents; and (iii) such interruption of service was extends for a period longer than 3 consecutive days, the result of causes, events or circumstances within Rent payable hereunder shall be abated beginning on the Landlord’s reasonable control and the cure 1st day of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange and continue for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to so long as the Premises to remedy such lack or any portion thereof is untenantable and vacant. In the event of service, subject to the provisions of Section 9.06. For the purposes hereofa casualty or Taking (hereinafter defined), the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the applicable provisions of this Section 6.03, or Lease shall prevail over the amount of Tenant’s rent abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 provisions of this Lease; provided, however, that Section. Except in the event that it is ultimately determined that there was a Landlord Service Interruptioncase of an emergency, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund use commercially reasonable efforts to give Tenant at least 5 days prior notice if Landlord intends to interrupt any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementLandlord’s services.
Appears in 1 contract
Samples: Sublease (K12 Inc)
Service Interruptions. When The Landlord shall not be required to provide heat, air conditioning, or ventilation to the Premises if any action of the Tenant, or any force majeure event as defined in Section 32.1, makes it impossible for the Landlord reasonably to do so. Further, Landlord shall not be liable for the interruption, curtailment, stoppage or suspension of services and utilities when necessary by reason of accident or emergency, emergency or suspension of utility services or when necessary for repairs, alterations, replacements or improvements which desirable or necessary in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason for any cause beyond the reasonable control of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord. Landlord shall exercise use commercially reasonable diligence efforts to eliminate restore services after an interruption shall occur. In the cause event of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent, additional rent or other compensation charges due from Tenant to Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder shall not be affected or reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppagestoppage or suspension. Notwithstanding anything to the contrary contained in this Section 11.6, in the event there shall be an interruption, curtailment or a suspension of services a building system or systemsa latent defect in the Landlord Work of which Landlord has notice prior to the expiration of the initial term of the Lease (“Service Interruption”) and (i) if such Service Interruption shall continue for more than five (5) consecutive business days (except in the event of an interruption caused by events described in Article 32, except as provided herein. Landlord in which case it shall schedule be ten (10) consecutive business days); and (ii) such Service Interruption shall materially impair the operation of Tenant’s business in the Premises, rendering all non-emergency interruptionsor any material part of the Premises inaccessible or untentantable and, curtailmentswhere applicable, stops Tenant’s generator (if any) has not functioned in a manner that would permit Tenant to continue to operate in all or suspensions a material portion of services the Premises and (iii) such Service Interruption has not been caused by the public utility servicing or systems in advance after consultation with supplying the Building, by an act of Tenant or Tenant’s servants, employees or contractors or anyone claiming by through or under Tenant, and shall make commercially reasonable efforts to avoid by fire or other casualty (the same interfering with occurrence of which is governed by Article 12), then as Tenant’s business. Notwithstanding the foregoingsole remedy in connection with such Service Interruption, Tenant shall be entitled to a proportionate an abatement of Base Fixed Rent in and Additional Rent for Operating Expenses and Real Estate Taxes (based on the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area square footage of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions Service Interruption) beginning on the sixth or 11th, as applicable, consecutive business day of Section 9.06such Service Interruption and ending on the date such Service Interruption ceases. For the purposes hereofWhere used in this Lease, the term “Landlord Service Interruption Cure Periodbusiness day” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services mean Monday through Friday other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, state and Federal holidays on which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth banks in the first sentence City of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent New Haven are not open for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementbusiness.
Appears in 1 contract
Samples: Lease (Alexion Pharmaceuticals Inc)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing emergencies, or for any Work of heatingImprovement which, elevatorin Landlord’s reasonable judgment, air conditioningis necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure of or defect in such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) that Tenant is prevented from using the Premises shall lack or any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent material portion thereof for the conduct of its business, and does not use for the usable area conduct of its business, the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; material portion thereof, for ten (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (710) consecutive Business Days after Landlord’s receipt of written notice from Tenant (the “Eligibility Period”) as a result of the failure in any material respect of Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account to provide to the Premises any of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services the utilities required to be provided by Landlord under Section 6.02(a) or Exhibit E attached heretoto the Premises pursuant to this Lease, which where such failure is not caused in whole or in part by the negligence or willful misconduct of any act or omission of Tenant or any other Tenant Party, and such failure is caused primarily by the negligence or by willful misconduct of Landlord or its agents or employees, Tenant’s obligation to pay Rent shall be abated or reduced as the case may be, from and after the first day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises. The abatement provisions set forth above shall be inapplicable to any occurrence services failure described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord 10.12 that is caused by (x) damage from fire or Tenant disputes in good faith whether, other casualty or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, condemnation (it being acknowledged that such dispute situations shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementgoverned by Articles 11 and 12 below.
Appears in 1 contract
Samples: Lease (Inphi Corp)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing of heatingemergencies, elevatoror for Restorative Work which, air conditioningin Landlord’s reasonable judgment, are necessary or appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work is completed and cleaning services and (ii) the operation of the plumbing and electric systemsLandlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Xxxxxx’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure or defect in any such service, stoppage or suspensionchange in the supply, but there character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Xxxxxx’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall be no not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or abatement of rent or other compensation due from impose any liability upon Landlord to Tenant hereunder, nor shall this Lease be affected or any Indemnified Party by reason of the inconvenience to Tenant, or interruption of Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppagebusiness, or suspension of services or systems, except as provided hereinotherwise. Landlord shall schedule all non-emergency interruptionsnot be liable in any way to Tenant for any failure, curtailmentsdefect or interruption of, stops or suspensions change in the supply, character and/or quantity of services electrical service furnished to the Premises for any reason except if attributable to the gross negligence or systems in advance after consultation with Tenant, and shall make commercially reasonable efforts to avoid the same interfering with Tenant’s businesswillful misconduct of Landlord. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in In the event of a Landlord Service Interruption casualty or a Taking, the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section. The foregoing notwithstanding (as defined belowbut subject to the last sentence of this Section 10.13). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event if (i) Tenant is precluded from having reasonable access to the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any portion thereof and Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent has ceased using the affected portion of the Premises for the entirety of the Landlord Service Interruption Cure Period; and a period longer than three (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (73) consecutive Business Days after Landlord’s receipt or (ii) any failure or stoppage of written notice from Tenant of the Landlord any Essential Service Interruption. This (as defined in Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required 15.6(b)) to be provided by Landlord under Section 6.02(athis Lease (a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of precludes Tenant from having reasonable access to the Premises or any portion thereof or renders the Premises or any portion thereof untenantable for the normal conduct of Tenant’s business in all or a portion of the Premises and, in either such case, Tenant Partyhas ceased using the Premises or the affected portion thereof; (b) was not caused by Tenant, its employees, invitees or by any occurrence agents; and (c) extends for a period longer than three (3) consecutive Business Days, Tenant’s obligation to pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment for the affected portion of the Premises shall be abated beginning on the fourth (4th) Business Day following the date the aforementioned conditions are met and shall continue with respect to the Premises or the affected portion thereof (as applicable) until the conditions described in Section 16.09clause (a) no longer exist. In the event of a casualty or a Taking, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the applicable provisions of this Section 6.03, or Lease shall prevail over the amount of Tenant’s rent abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 provisions of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementSection.
Appears in 1 contract
Samples: Deed of Lease (Carlyle Group L.P.)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend emergencies, or for Restorative Work which, in Landlord’s reasonable judgment, are necessary or appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. In the case of any scheduled interruptions of services, Landlord shall endeavor in good faith to provide Tenant with not less than five (i5) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systemsBusiness Days advanced notice thereof. Landlord shall exercise use reasonable diligence efforts to eliminate cause the cause restoration of the interrupted utility or other service, and to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise, except to the extent set forth below. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of electrical service furnished to the Premises for any reason except if attributable to the negligence or willful misconduct of Landlord or any Landlord Party. In the event of a casualty or a Taking, the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section. Notwithstanding the foregoing, regardless of whether caused by an Unavoidable Delay, if any interruption, curtailment, stoppage or suspensionsuspension of the Essential Services (as hereinbelow defined) shall continue for more than three (3) consecutive days and shall render the Premises (or any portion thereof) unusable for Tenant’s ordinary business, but there and if Tenant shall in fact cease using the Premises (or any portion thereof), then so long as no Event of Default exists hereunder, Tenant’s obligation to pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment due hereunder (or a pro-rata portion of same to the extent less than the entire Premises is unusable) shall be no diminution or abatement abated for the period beginning on the fourth (4th) day of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, failure and shall make commercially reasonable efforts to avoid continue until the same interfering with Tenant’s business. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement earlier of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for Tenant’s ordinary business is restored to Tenant or Tenant recommences the entirety Premises or any portion thereof. Landlord will use its commercially reasonable efforts (subject to extension for Unavoidable Delays) (including reasonable expenditures of money) to cause the Landlord Service Interruption Cure Period; and (iii) such interruption restoration of service was the result of causesany interrupted utility or other service. For purposes hereof, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for “Essential Services” shall mean the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished (a) cold water, (b) one (1) automatically-operated elevator, (c) heat and Tenant will permit Landlord air conditioning in season, in the necessary amounts and, during the hours and days provided for in Section 10.4, (d) electricity and (e) reasonable access to and from the Premises to remedy such lack of service, subject to the provisions of Premises. Tenant’s abatement rights under this Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an for any interruption of services or any Essential Service that Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services is required to be provided by Landlord furnish under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03Lease. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the The provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that not apply in the event that it is ultimately determined that there was of a Landlord Service Interruptioncasualty or taking and the provisions of Article 11 or Article 12, then Tenant as applicable, shall have govern and control the right to parties rights and obligations in the event of a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementcasualty or a taking.
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Samples: Deed of Lease (FBR & Co.)
Service Interruptions. When necessary For purposes of this Lease, a “Service Failure” shall mean any interruption, suspension or termination of services being provided to Tenant by reason Landlord or by third-party providers, whether engaged by Tenant or pursuant to arrangements by such providers with Landlord, which are due to (1) the application of accident Laws; (2) the failure, interruption or emergencymalfunctioning of any electrical or mechanical equipment, utility or for other service to the Building or Property; (3) the performance of repairs, maintenance, improvements or alterations, replacements ; or improvements which in (4) the occurrence of any other event or cause whether or not within the reasonable judgment control of Landlord are desirable or necessary to be made, or by reason Landlord. In the event of event(s) of Force Majeurea Service Failure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make use commercially reasonable efforts to avoid cause the same interfering with Service Failure to be remedied as promptly as reasonably practicable. Except as otherwise provided herein, no Service Failure shall render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s businessProperty (defined in Article 14), arising out of or in connection with any Service Failure or the failure of any Building safety services, personnel or equipment. Notwithstanding the foregoing, commencing on the 5th consecutive Business Day of any Essential Service Failure (defined below) within Landlord’s control to prevent or correct (unless the Essential Service Failure is caused by a fire or other casualty, in which event Article 16 controls), Tenant shall shall, as its sole remedy, be entitled to a proportionate abatement an equitable diminution of Base Rent based upon the pro rata portion of the Premises which is rendered unfit for the Permitted Use, except to the extent such Essential Service Failure is caused by a Tenant Party; commencing on the 120th consecutive day of any Essential Service Failure (unless the Essential Service Failure is caused by a fire or other casualty, in which event Article 16 controls), Tenant shall, as its sole remedy in addition to rental abatement provided above (except that Tenant shall not have the event of following remedy if and to the extent such Essential Service Failure is caused by a Landlord Service Interruption (as defined belowTenant Party). For , be entitled to terminate this Lease upon written notice to Landlord, given prior to the purposes hereof, a “Landlord Service Interruption” shall occur in the event earlier of: (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent 150th day of the usable area of the Premises untenantable for the entirety of the Landlord Essential Service Interruption Cure Period (as defined below), Failure or (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent cure of the Premises for Essential Service Failure. For purposes of this Section 7.B, the entirety term, “Essential Service Failure” shall mean and be limited to any interruption, suspension or termination of any of the following services being provided to Tenant by Landlord Service Interruption Cure Period; or by third-party providers: ventilation, heating and (iii) such interruption of service was the result of causesair conditioning, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of Building and/or the Premises, water, sewer service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementelectricity.
Appears in 1 contract
Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend (i) the furnishing of heating, elevator, air conditioning, and cleaning services and (ii) the operation of the plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, and shall make commercially reasonable efforts to avoid the same interfering with Tenant’s businessnotify Tenant thereof. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby (a) rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), or (b) materially interfering with the normal functioning of the laboratory space or the vivarium, in each case located within the Premises, for the entirety of the Landlord Service Interruption Cure Period; (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant Tenant, in fact fact, ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period and/or such interruption materially interferes with the normal functioning of the laboratory space or the vivarium, in each case located within the Premises, for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement.
Appears in 1 contract
Samples: SQZ Biotechnologies Co
Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interruptsuspend any service when necessary, curtailby reason of Unavoidable Delays, stop accidents or suspend (i) the furnishing emergencies, or for any Work of heatingImprovement which, elevatorin Landlord’s reasonable judgment, air conditioningis necessary or appropriate, and cleaning services and (ii) the operation until such Unavoidable Delay, accident or emergency shall cease or such Work of the plumbing and electric systemsImprovement is completed and, except as expressly provided in Section 6.3 above, or in this Section 10.11, Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall exercise use reasonable diligence efforts to eliminate minimize interference with Tenant’s use and occupancy of the cause Premises as a result of any such interruption, curtailmentcurtailment or failure of or defect in such service, stoppage or suspensionchange in the supply, but there shall be no diminution or abatement of rent or other compensation due from Landlord to Tenant hereundercharacter and/or quantity of, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reducedelectrical service, and the Landlord shall have no responsibility or liability for to restore any such interruptionservices, curtailment, stoppage, or suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in advance after consultation with Tenant, remedy such situation and shall make commercially reasonable efforts to avoid the same interfering minimize any interference with Tenant’s business. Notwithstanding the foregoing, Tenant shall be entitled to a proportionate abatement of Base Rent in the event of a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, Landlord will, if reasonably practical, cooperate with Tenant to arrange for the provision The exercise of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit such right or the occurrence of any such failure by Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s receipt of written notice from Tenant of the Landlord Service Interruption. This Section 6.03 shall be Tenant’s sole and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption constitute an actual or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached heretoconstructive eviction, which is caused in whole or in part by part, entitle Tenant to any act compensation, abatement or omission diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Tenant PartyIndemnified Party by reason of inconvenience to Tenant, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the first sentence of this Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 6.03, or the amount interruption of Tenant’s abatement of Base Rent hereunderbusiness, such dispute or otherwise. Except as otherwise expressly provided herein, Landlord shall not be resolved liable in accordance with Section 16.17 of this Lease; providedany way to Tenant for any failure, howeverdefect or interruption of, that or change in the event that it is ultimately determined that there was a supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant or any overpayment of Rent due under the Lease not yet received on account of the retroactive abatementLandlord Parties. If any service or utility to the Premises should become unavailable (i) due to the negligence or willful misconduct of Landlord or any of the Landlord Parties for a period in excess of twenty-four (24) consecutive hours or (ii) for any other reason for a period in excess of six (6) consecutive Business Days, and Tenant, in its reasonable business judgment, elects to close the Premises as a result thereof, all Rent and other charges shall axxxx from the commencement of said unavailability of such service or utility until such time as said service or utility is restored to the Premises and Tenant is reasonably able to operate its business within the Premises.
Appears in 1 contract
