Common use of Services to be Furnished by Landlord Clause in Contracts

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services: (1) Water service for use in the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of the Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore such services as soon as possible. However, if the Premises, or a material portion of the Premises, is made untenable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment.

Services to be Furnished by Landlord. A. (a) Landlord agrees to furnish Tenant with the following Building systems and services: (1i) Water hot and cold water service for use in the lavatories on each floor on which the Premises are located; (2ii) Heat domestic cold water through the base Building system; (iii) condenser-water, pre­conditioned and delivered through the condenser loop of the Building to supply Tenant specific heating, ventilating and air-conditioning systems serving areas other than the Laboratory Area within the Premises and the refrigeration systems within the Laboratory Area; (iv) tempered fresh air conditioning in season during Normal Business Hours, (HVAC) delivered through the base Building system; (v) drainage system for domestic water and sanitary waste at such temperatures locations approved and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required designated by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3vi) Maintenance a back-up generator providing for emergency lighting of common areas of the Building; (vii) maintenance and repair of the Property Premises and Property, to the extent and as described in Section IX.B10(b); (4viii) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator elevator service; (6ix) Electricity electricity to the Premises for general office usePremises, in accordance with and subject to the terms and conditions in Article X11 of this Lease; (x) card key access and a lock system to the Premises 24 hours a day, 7 days a week; and (7xi) such other services as Landlord reasonably determines are necessary or appropriate for the Property, which may include security. Landlord’s 's expenses incurred in maintaining, repairing and operating the Building systems and providing the foregoing services shall be Expenses payable by Tenant in accordance with the provisions of this Lease. (b) Landlord's failure to furnish, or any interruption or termination of, services or utilities due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “"Service Failure”") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore such services as soon as possible. However, if the Premises, or a material portion of the Premises, is made untenable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenable and not used by Tenant. In no event, however, event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s 's Property (defined in Article XV16), arising out of or in connection with the failure of any security services, personnel or equipment., provided that Landlord's and/or its employee's acts, omissions or negligence did not contribute to or cause the loss or damage. (c) Notwithstanding anything contained in this Section 8 to the contrary, if a Service Failure continues for five (5) consecutive business days and such Service Failure is caused by the negligence or willful misconduct of Landlord or any of its agents, employees or contractors, then Tenant shall be entitled to an abatement of all Rent hereunder in proportion to the extent to which the interruption prevents Tenant from using the Premises for Tenant's normal purposes, with such abatement to begin on the sixth (6th) business day after such occurrence and continuing until

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services: (1) Water service for use in the lavatories on each floor on which the Premises are located; (2) Heat During business days and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts hours as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined established by Landlord from time to time; (3) Maintenance , Landlord shall furnish, at Landlord's expense, adequate water, electrical, escalator and repair elevator service and heat and air conditioning during such seasons of the Property as described year when such services are normally furnished and in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If amounts normally furnished to comparable office buildings in the immediate vicinity in which the Building is located for Tenant’s use, floor covering or other improvements require special services in excess 's normal use and occupancy of the standard services for the BuildingLeased Premises as general offices. Landlord, Tenant at Landlord's expense, shall pay the additional cost, attributable provide daily evening cleaning and janitorial service to the special services; (5) Elevator service; (6) Electricity Premises, Saturdays, Sundays and holidays excluded. Landlord shall provide access to the Premises for general office use, electric service in accordance with Landlord's building standard service in effect from time to time, and subject Tenant shall comply with such regulations. If however, through no fault of the Tenant, services or utilities are continuously interrupted, continuously suspended or unavailable for three consecutive business days, and such is within the Landlords direct and reasonable control, then Tenant may xxxxx rent starting the fourth business day until such service or utility is restored. Tenant shall make reasonable efforts to conserve heat, air conditioning, water and electricity and shall use due care in the terms use of the Leased Premises and conditions of the public areas in Article X; the Project. All thermostats within the Premises shall be under the sole control of Landlord. Water, gas, electrical, and (7) such other sewer services as Landlord reasonably determines are necessary included in the foregoing Building services will be provided through available public utilities. Should any of Tenant's office equipment or appropriate for the Property. Landlord’s failure to furnishmachinery breakdown, be damaged, or for any interruption cause cease to function properly or termination of, services due to the application of Laws, the failure of should Tenant suffer any equipment, the performance of repairs, improvements loss or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore such services as soon as possible. However, if the Premises, or a material portion of the Premises, is made untenable for a period in excess of 3 consecutive Business Days damages as a result of the Service Failurecessation, then Tenantmalfunction, as its sole remedyfluctuation, variation, interruption, or breakdown of services or equipment in the Complex, Tenant shall be entitled to receive an abatement have no claim against Landlord or for rebate of Rent payable hereunder during or any damages including, but not limited to, incidental or consequential damages. Tenant will not, without the period beginning on written consent of Landlord, use any apparatus or device in the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Leased Premises has not been rendered untenable by the Service Failure, which will in any way increase the amount of abatement that electricity or water usually furnished or supplied for use of the Leased Premises; nor connect with electrical current, except through existing electrical outlets in the Leased Premises, and apparatus or device, for the purpose of using electrical current or water. If Tenant is entitled shall require electrical current in excess of the amount usually furnished or supplied for use of the Leased Premises, Tenant shall first procure the written consent of Landlord to receive the use thereof and Landlord may cause a meter measuring electric current consumed for any such other use to be installed. The cost of any such meters and of installation, maintenance, and repair thereof shall be prorated based upon paid for by Tenant as directed by Landlord and Tenant agrees at Landlord's option to either pay the percentage appropriate utility directly for said excess usage or to pay to Landlord promptly the rates charged for such services by the local public authority, or the local public utility as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the Premises rendered untenable excess water and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipmentelectric current so consumed.

Services to be Furnished by Landlord. A. Landlord agrees to shall furnish Tenant with the following services, in each case subject to the provisions of Section 9A: (1i) Water service heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) hot and cold water for use in the common lavatories on each floor on which of the Building and cold water for any kitchenette(s) within the Premises are located(any heating of such water for the kitchenette(s) being the responsibility of Tenant); (2iii) Heat janitorial service in the Premises and air conditioning Common Areas on Business Days to the specifications set forth in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to timeExhibit G attached hereto; (3iv) Maintenance and repair of the Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article Xof Section 10 of this Lease and (v) passenger elevator service, 24 hours a day, 7 days a week; and (7) such other services as freight elevator service on Business Days, upon request of Tenant and subject to scheduling and reasonable charges by Landlord; provided, however that Landlord reasonably determines are necessary or appropriate shall not charge Tenant for the Property. Landlorduse of the freight elevator during Tenant’s failure to furnish, or any interruption or termination of, services due performance of the Initial Alterations to the application of Laws, Premises. Tenant shall be permitted access to the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore such services as soon as possible. However, if Building and the Premises, or a material portion of and the Premises, is made untenable for a period in excess of 3 consecutive Business Days as a result of ability to utilize the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure HVAC system and ending on the day the service has been restored. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of all utilities serving the Premises rendered untenable and not used by Tenant. In no event, however, shall (subject to any reasonable after-hours HVAC charges Landlord be liable may from time to Tenant for any loss or damage, including time charge tenants in the theft of Tenant’s Property (defined in Article XVBuilding), arising out of on a 24 hour per day, 7 day per week basis, subject to Force Majeure (as hereinafter defined) and Landlord’s reasonable security measures, and subject to Landlord’s right to prohibit, restrict or limit access to the Building or the Premises in connection with the failure of any security servicesemergency situations if Landlord determines, personnel in its reasonable discretion, that it is necessary or equipmentadvisable to do so in order to prevent or protect against death or injury to persons or damage to property.

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services: (1a) Water at those points of supply provided for general use of Tenant and other tenants in the Building; (b) Routine maintenance and electric lighting service for use Common Areas and Service Areas of the Building in the lavatories on each floor on which manner and to the extent deemed by Landlord to be standard. (c) Janitorial service to the Premises are locatedand all Common Areas Mondays through Fridays, exclusive of normal business holidays; (2) Heat and air conditioning in season during Normal Business Hoursprovided, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. however, if Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of the Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, 's floor covering or other improvements to the Premises require special services in excess of the standard services for the Buildingtreatment, Tenant shall pay the additional cost, cleaning cost attributable thereto as additional rent upon presentation of a statements therefore by Landlord. (d) Subject to the special services; provisions of Paragraph 13, facilites to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas. (f) Security in the form of limited access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages done by unauthorized persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto. (g) Elevator service to each floor of the Premises provided that Tenant shall be permitted to use such elevators for the purpose of moving bulky property in and out of the Building only during other than Normal Business Hours and only after first obtaining Landlord's consent to be submitted not less than five (5) Elevator service; (6) Electricity days in-advance of each move. Tenant shall promptly reimburse Landlord for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of any operator or security personnel and Tenant shall also promptly reimburse Landlord's cost to repair any damage to the Premises for general office use, elevator cab(s) or the Building resulting from Tenant's moving. The failure by Landlord to any extent to furnish the defined services noted above in accordance with and subject to whole or in parts or the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s failure to furnish, or any interruption or termination ofof same, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause resulting from causes beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a in any respect nor be construed as an eviction (constructive eviction or otherwise) of Tenant, give rise to Tenant nor cause an abatement of Rent, rent nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided Landlord makes reasonable effort to restore agreement hereof. Should any of the 11 <PAGE> equipment or machinery used in the provision of such services as soon as possible. Howevercease for any reason to function properly, if the PremisesTenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby, or a material portion of the Premises, is made untenable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restoredresulting therefrom. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment8.

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as provided herein to the contrary), agrees to furnish Tenant with the following services: (1a) Water service hot and cold water at those points of supply provided for general use of tenants in the lavatories on each floor on which the Premises are locatedBuilding; (2b) Heat central heat and air conditioning in season during Normal Business HoursTenant's normal business hours; (c) routine maintenance and electric lighting service for all Common Areas of the Building; (d) janitor service on business days exclusive of Saturdays, at Sundays and holidays in accordance with the Janitorial Specifications attached hereto as Exhibit E, or such temperatures and in such amounts as are standard for other reasonably comparable buildings or as required by governmental authority. Tenantspecifications designated, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of the Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article Xby Landlord; and (7e) such elevator service in common with other services as tenants of the Building for ingress and egress to and from the floor of the Premises during Landlord's normal business hours. The failure by Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s failure to any extent to furnish, or any the interruption or termination ofof these services in whole or in part, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive in any respect nor be construed as an eviction of TenantTenant or breach of any implied warranty of habitability, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided agreement hereof except as expressly set forth herein. Notwithstanding anything to the contrary contained in this Section VII. if: (i) Landlord makes reasonable effort ceases to restore such services as soon as possible. However, if furnish any service in the Premises, or a material portion of the Premises, is made untenable Building for a period in excess of 3 two (2) consecutive Business Days days after Tenant notifies Landlord of such cessation (the "Interruption Notice"); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Article XVII shall control); (iv) the Service Failurerestoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, such interruption shall be referred to herein as a "Landlord Curable Cessation of Services", then Tenant, as its sole remedy, Tenant shall be entitled to receive an abatement of Rent Base Rental payable hereunder during the period beginning on the 4th third (3rd) consecutive Business Day day of the Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenable untenantable by the Service FailureLandlord Curable Cessation of Services, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenable untenantable and not used by Tenant. In no eventaddition to such abatement and in addition to Tenant's remedies provided for herein and any remedies available to Tenant at law or equity, howevershould there be a Landlord Curable Cessation of Services which continues for ten (10) consecutive business days after the Interruption Notice and is not being diligently remedied by Landlord, Tenant may elect, ten (10) days following a second interruption notice (the "Second Interruption Notice") to remedy the Cessation of Services and Landlord shall Landlord be liable obligated to Tenant for the cost incurred by Tenant thereunder. If Landlord fails to reimburse Tenant for the costs incurred in curing the landlord Curable Cessation of Services within thirty (30) days following Tenant's demand therefor, Tenant may deduct any loss and all sums owing to Tenant plus interest at the Prime Rate from the next due installment(s) of Base Rental and Additional Base Rental and each subsequent installment of Base Rental and Additional Base Rental until Tenant is fully reimbursed. In the event that the Landlord Curable Cessation of Services: (a) continues for ninety (90) consecutive days after the Interruption Notice; and (b) is not being diligently remedied by Landlord, and (c) Tenant has not elected to cure the Landlord Curable Cessation of Services, Tenant shall have the right to elect to terminate this Lease within ten (10) days after the expiration of said ninety (90) day period without penalty, by delivering written notice to Landlord of its election thereof. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any such security personnel, service, procedures or damage, including the theft of Tenant’s Property (defined equipment and Landlord shall not be liable in Article XV), arising out of or in connection with any manner for the failure of any such security personnel, services, personnel procedures or equipmentequipment to prevent or control, or apprehend any one suspected of personal injury, property damage or criminal conduct in, on or around the Property.

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as provided herein to the contrary), agrees to furnish Tenant with provide the following servicesservices to Tenant at the Premises: (1a) Water service cold water at those points of supply provided for general use of tenants in the lavatories on each floor on which the Premises are locatedBuilding; (2b) Heat central heat, ventilation and air conditioning in season during Normal Business Hours, Landlord's normal business hours and at such temperatures and in such amounts as are standard necessary for comparable buildings comfortable occupancy, or as otherwise required by governmental authority. Tenantlaw; (c) routine maintenance and electric lighting service for all Common Areas of the Building; (d) janitor service on business days exclusive of Saturdays, upon Sundays and holidays in accordance with the cleaning specifications attached hereto as Exhibit B (or such advance notice reasonably comparable specifications as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord may designate from time to time); (3e) Maintenance and repair elevator service in common with other tenants of the Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, Building for ingress and egress to and from the floor covering or other improvements require special services in excess of the standard services for the BuildingPremises during Landlord's normal business hours, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7f) such other services as the replacement of building standard light bulbs. For purposes of this section, Landlord's normal business hours are hereby agreed to be 7:30 a.m. to 6:00 p.m. Monday through Friday, holidays excluded. The failure by Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s failure to any extent to furnish, or any the interruption or termination ofof these services in whole or in part, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive in any respect nor be construed as an eviction of TenantTenant or breach of any implied warranty of habitability, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement, provided agreement hereof. Notwithstanding anything to the contrary contained in this Section VII if: (i) Landlord makes reasonable effort ceases to restore such services as soon as possible. However, if furnish any service in the Premises, or a material portion of the Premises, is made untenable Building for a period in excess of 3 ten (10) consecutive Business Days days after Tenant notifies Landlord of such cessation (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XVII shall control), (iv) the Service Failurerestoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent Base Rental and Additional Base Rental payable hereunder during the period beginning on the 4th eleventh (11th) consecutive Business Day day of the Service Failure such cessation and ending on the day when the service in question has been restored. If In the event the entire Premises has not been rendered untenable untenantable by the Service Failurecessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenable untenantable and not used by Tenant. In no eventTenant expressly acknowledges that if Landlord, howeverfrom time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any such security personnel, service, procedures or equipment and Landlord shall not be liable to Tenant in any manner for any loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any such security personnel, services, personnel procedures or equipmentequipment to prevent or control, or apprehend any one suspected of personal injury, property damage or criminal conduct in, on or around the Property.