Common use of CAUSES BEYOND CONTROL OF THE LANDLORD Clause in Contracts

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability despite the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease. If there is any material interruption, curtailment, stoppage, or suspension of Landlord's Critical Services (as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice thereof to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of the Premises, and (z) such condition renders such portion of the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled to an equitable abatement of Rent and other charges herein reserved from the date of the Landlord Deficiency to the extent of Xxxxxx's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of Landlord, or Landlord's agents, employees or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions of the Lease, and (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by fire, other casually or taking (see Articles XII and XIII).

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accidentacci- dent, order or regulation of or by any governmental authority, or failure of supply, or inability despite by the exercise of reasonable rea- sonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants’s serv- ants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease. If there is In furtherance of the foregoing and not in limitation thereof, in no event shall Landlord be liable for the failure of a prior tenant of the Premises or any material interruption, curtailment, stoppage, or suspension of Landlord's Critical Services (as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice part thereof to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of vacate the Premises, and (z) such condition renders such portion Tenant’s sole and exclusive remedy on account thereof shall be an extension of the Term and Rent Commencement Dates for the amount of days by which the Term Commencement Date is delayed due to a previous tenant’s failure to vacate the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled to or any portion thereof. If there is an equitable abatement interruption of Rent and utility service or other charges herein reserved from the date of the Landlord Deficiency building services to the extent of Xxxxxx's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant due to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of LandlordLandlord or its agents, employees, or Landlord's agents, employees contractors that renders all or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions portion of the LeasePremises untenantable for the Permitted Use hereunder and Ten- ant actually vacates all or any portion of the Premises and notifies Landlord thereof, then, commencing on the third business day after Tenant so vacates the Premises and notifies Landlord thereof, then, as Tenant’s sole and exclusive remedy therefor, the Rent shall proportionately xxxxx until such services are restored and Landlord gives Tenant no- xxxx thereof or Tenant reoccupies the Premises (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by firesuch vacated portion), other casually or taking (see Articles XII and XIII)whichever occurs first.

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor disputedispute (not restricted to the Building or Landlord or Landlord's management agent's operations), breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability despite by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease. If there is any material interruption, curtailment, stoppage, an interruption of utility service or suspension of Landlord's Critical Services (as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice thereof other building services to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of the Premises, and (z) such condition renders such portion of the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled due to an equitable abatement of Rent and other charges herein reserved from the date of the Landlord Deficiency to the extent of Xxxxxx's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of LandlordLandlord or its agents, employees, or Landlord's agents, employees contractors that renders all or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions portion of the LeasePremises untenantable for the Permitted Use hereunder and Tenant actually vacates all or any portion of the Premises and notifies Landlord thereof, then, commencing on the third business day after Tenant o vacates the Premises and notifies Landlord thereof, then, as Tenant's sole and exclusive remedy therefor, the Rent shall proportionately abate until such services are restored and Landlord gives Tenant notxxx xhereof or Tenant reoccupies the Premises (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by firesuch vacated portion), other casually or taking (see Articles XII and XIII)whichever occurs first.

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including including, without limitation limitation, labor dispute, breakdowncasualty, accident, order or regulation of or by any governmental authority, or failure of supply, or inability despite by the exercise of reasonable diligence to obtain supplies, parts, parts or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, neglect or default of the Tenant or the Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under the Tenant, but not including the negligent acts or omissions of the Landlord, and the period of any delay resulting therefrom shall not be counted in determining the time during which action to be taken by the Landlord hereunder shall be completed, and such time shall be extended by the period of such delay. In no event shall the Landlord ever be liable to the Tenant for any indirect, special indirect or consequential damages under the provisions of this Section 9.2 8.4 or any other provision of this Lease. If there Article IX ---------- REAL ESTATE AND OTHER TAXES; OTHER EXPENSES ------------------------------------------- 9.1 LANDLORD TO PAY REAL ESTATE TAXES The Landlord shall be responsible for the payment, before the same becomes delinquent, of all general and special taxes, including assessments for local improvements, and other governmental charges which may be lawfully charged, assessed or imposed (herein collectively called the "Taxes") upon the Building and the Lot. However, if authorities having jurisdiction assess real estate taxes, assessments or other chares which the Landlord considers excessive, the Landlord may defer compliance therewith to the same extent permitted by the laws of the jurisdiction in which the same are located, so long as the validity or amount thereof is any material interruptioncontested by the Landlord in good faith, curtailment, stoppage, or suspension of Landlord's Critical Services (and so long as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice thereof to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of the Premises, and (z) such condition renders such portion occupancy of the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled to an equitable abatement of Rent and other charges herein reserved from the date of the Landlord Deficiency to the extent of Xxxxxx's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of Landlord, or Landlord's agents, employees or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions of the Lease, and (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by fire, other casually or taking (see Articles XII and XIII)disturbed.

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability despite by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's ’s servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease. If there is any material interruption, curtailment, stoppage, an interruption of utility service or suspension of Landlord's Critical Services (as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice thereof other building services to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of the Premises, and (z) such condition renders such portion of the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled due to an equitable abatement of Rent and other charges herein reserved from the date of the Landlord Deficiency to the extent of Xxxxxx's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of LandlordLandlord or its agents, employees, or Landlord's agents, employees contractors that renders all or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions portion of the LeasePremises untenantable for the Permitted Use hereunder and Tenant actually vacates all or any portion of the Premises and notifies Landlord thereof, then, commencing on the third business day after Tenant so vacates the Premises and notifies Landlord thereof, then, as Tenant’s sole and exclusive remedy therefor, the Rent shall proportionately xxxxx until such services are restored and Landlord gives Tenant notice thereof or Tenant reoccupies the Premises (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by firesuch vacated portion), other casually or taking (see Articles XII and XIII)whichever occurs first.

CAUSES BEYOND CONTROL OF THE LANDLORD. The Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability despite the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease. If there is any material interruption, curtailment, stoppage, or suspension of Landlord's Critical Services (as hereinafter defined) resulting from Landlord Fault (as defined below) and (w) continuing after written notice thereof to Landlord (or in an emergency situation which threatens the health or safety of Tenant's employees, oral notice followed by written notice), (x) not caused by Tenant, (y) such deficiency materially and adversely affects Tenant's ability to conduct business in a material portion of the Premises, and (z) such condition renders such portion of the Premises untenantable (individually and collectively, “Landlord Deficiency”), then Tenant shall, if such Landlord Deficiency continues for more than seven (7) business days, be entitled to an equitable abatement of Rent and other charges herein reserved from the date of the Landlord Deficiency to the extent of XxxxxxTenant's interference with its use of the Premises until the same is cured. For purposes hereof, "Landlord's Critical Services" means life safety systems, electrical, plumbing, HVAC, water service, or any other maintenance or repair obligation which Landlord has pursuant to the provisions of the Lease. For the purposes of this Section 9.2, "Landlord Fault" shall be defined as: (i) the negligence or willful misconduct of Landlord, or Landlord's agents, employees or contractors, (ii) Landlord’s failure to perform or provide any service, maintenance or repair which Landlord is required to perform or provide pursuant to the provisions of the Lease, and (iii) any work performed by or on behalf of Landlord in or about the Building or the Property. The provisions of this Section 9.2 shall not apply in the event of untenantability caused by fire, other casually or taking (see Articles XII and XIII).