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 (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 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 an interruption of utility service or other building services to the Premises due to the negligence or willful misconduct of Landlord or its agents, employees, or contractors that renders all or any portion of the Premises 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 (or such vacated portion), 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 (not restricted to the Building or Landlord or Landlord's management agent's operations)dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability 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 an interruption of utility service or other building services to the Premises due to the negligence or willful misconduct of Landlord or its agents, employees, or contractors that renders all or any portion of the Premises 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 so vacates the Premises and notifies Landlord thereof, then, as Tenant's ’s sole and exclusive remedy therefor, the Rent shall proportionately abate xxxxx until such services are restored and Landlord gives Tenant notxxx xhereof notice thereof or Tenant reoccupies the Premises (or such vacated portion), 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 (not restricted to the Building or Landlord or Landlord's management agent's operations)dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by 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 interruption emergency situation which threatens the health or safety of utility service or 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 building services charges herein reserved from the date of the Landlord Deficiency to the extent of Xxxxxx's interference with its use of the Premises due 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 Landlord, or its Landlord's agents, employeesemployees or contractors, (ii) Landlord’s failure to perform or contractors that renders all provide any service, maintenance or any portion repair which Landlord is required to perform or provide pursuant to the provisions of the Premises untenantable for Lease, and (iii) any work performed by or on behalf of Landlord in or about the Permitted Use hereunder 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 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 (or such vacated portionXIII), 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 (not restricted to the Building or Landlord or Landlord's management agent's operations)dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by 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 interruption emergency situation which threatens the health or safety of utility service or 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 building services charges herein reserved from the date of the Landlord Deficiency to the extent of Tenant's interference with its use of the Premises due 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 Landlord, or its Landlord's agents, employeesemployees or contractors, (ii) Landlord’s failure to perform or contractors that renders all provide any service, maintenance or any portion repair which Landlord is required to perform or provide pursuant to the provisions of the Premises untenantable for Lease, and (iii) any work performed by or on behalf of Landlord in or about the Permitted Use hereunder 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 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 (or such vacated portionXIII), 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 (not restricted to the Building or Landlord or Landlord's management agent's operations)dispute, breakdown, accidentacci- dent, order or regulation of or by any governmental authority, or failure of supply, or inability 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. 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 part thereof to vacate the Premises, and 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 or any portion thereof. If there is an interruption of utility service or other building services to the Premises due to the negligence or willful misconduct of Landlord or its agents, employees, or contractors that renders all or any portion of the Premises untenantable for the Permitted Use hereunder and Tenant Ten- ant actually vacates all or any portion of the Premises and notifies Landlord thereof, then, commencing on the third business day after Tenant o so vacates the Premises and notifies Landlord thereof, then, as Tenant's ’s sole and exclusive remedy therefor, the Rent shall proportionately abate xxxxx until such services are restored and Landlord gives Tenant notxxx xhereof no- xxxx thereof or Tenant reoccupies the Premises (or such vacated portion), whichever occurs first.