CESSATION OF UTILITIES Sample Clauses

CESSATION OF UTILITIES. Tenant hereby agrees that in the event the Tenant has failed to pay to the Landlord any utility charges that are billed to the Tenant by the Landlord and said charges remain unpaid and outstanding for a period of 60 days, in addition to the other remedies the Landlord may have, the Landlord shall have the right to terminate the providing of said utilities to the leased premises of the Tenant. Notwithstanding anything else contained herein to the contrary, in such event, the Tenant waives any and all claims against the Landlord for any damages whatsoever, consequential and/or punitive, that may be incurred by the Tenant as a result of the termination of said utilities.
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CESSATION OF UTILITIES. Except as expressly provided in this Section 8.3, Landlord shall not be liable to Tenant for any damages should the furnishing of any utilities by any utility company be interrupted or required to be terminated because of necessary repairs or improvements or any cause beyond the control of Landlord, nor shall any such interruption or cessation relieve Tenant from the performance of any of Tenant’s covenants, conditions and agreements under this Lease. If (i) all or any substantial portion of the Demised Premises are rendered untenantable by reason of the fact that, solely as a result of Landlord’s gross negligence or willful misconduct (or the gross negligence or willful misconduct of its contractors or agents), electrical service to the Demised Premises are unavailable or inoperative, (ii) Tenant shall give to Landlord notice of such failure, interruption, cessation or reduction and such resulting untenantability, (iii) Landlord shall fail within ten (10) business days from the date Landlord receives Tenant’s notice of such failure of the aforesaid service and resulting untenantability to cause such matter to be resolved or cured or perform such maintenance or repair to the extent necessary to again render tenantable the Demised Premises or a portion thereof so previously rendered untenantable as hereinabove provided, and (iv) the Demised Premises or the applicable portion thereof as described above shall continue to be untenantable by reason of such inoperation or unavailability of such aforesaid service for the purposes for which the Demised Premises are leased, and (v) Tenant shall have vacated and shall not then using or occupying all or such portion of the Demised Premises so rendered untenantable, then, upon the occurrence of all the aforesaid events, as Tenant’s sole remedy therefor, commencing on the day after the expiration of such ten (10) business day period, the Minimum Rent, Tenant’s Pro Rata Share of Real Estate Taxes and Tenant’s Pro-Rata Share of Complex Operating Expenses shall xxxxx until the Demised Premises, or such substantial portion thereof so previously rendered untenantable are rendered tenantable; with it understood that if less than substantially all of the Demised Premises are untenantable, then Tenant shall continue to pay Minimum Rent, Tenant’s Pro Rata Share of Real Estate Taxes and Tenant’s Pro-Rata Share of Complex Operating Expenses with respect to the tenantable portion of the Demised Premises based on the proportion tha...
Sample 1
CESSATION OF UTILITIES. Landlord is not liable to Tenant for any damages if any utilities furnished by Landlord are interrupted or required to be terminated because of necessary repairs or improvements or governmental regulations or any cause beyond the control of Landlord. No such interruption or cessation relieves Tenant from the performance of any of Tenant’s covenants, conditions and agreements under this Lease unless the interruption or cessation continues for more than twenty-four (24) hours and is the result of Landlord’s failure to fulfill its maintenance obligations under this Lease or other reason within Landlord’s control.
Sample 1
CESSATION OF UTILITIES. For the purposes of this covenant, utilities shall mean Heat and Electric. In the event of a dispute, Tenant shall have the right to remit to Landlord's designated escrow agent, solely and specifically those amounts which are in dispute, to be retained in escrow account until such dispute is resolved. It is the intent of this covenant that Tenant shall remit utility payments to the full extent of the undisputed amount. For instance in the case of an electric invoice, if a bxxx includes charges for lighting and air conditioning usage, and the dispute pertains specifically to the lighting charge, the remittance shall be in full for the air conditioning charge and that portion of the undisputed lighting charge. Further, if the dispute is predicated upon an applicable rate or distribution formula covering the entire bxxx, the escrow payment is restricted to the percentage or pro rate amount in dispute. Remittances conveyed to the escrow agent will halt the tolling of the grace period indefinitely as herein provided.
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Related to CESSATION OF UTILITIES

  • Operation of Agreement This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

  • COMPENSATION OF ULTIMUS The Trust, on behalf of each Fund, shall pay for the services to be provided by Ultimus under this Agreement in accordance with, and in the manner set forth in, Schedule B attached hereto, as such Schedule may be amended from time to time. If this Agreement becomes effective subsequent to the first day of a month or terminates before the last day of a month, Ultimus’ compensation for that part of the month in which the Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Payment of Ultimus’ compensation for the preceding month shall be made promptly.

  • Interruption of Services Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled 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 sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.

  • Administration of Agreement 35 31. Severability.............................................................36 32.

  • Prevention or Delay of Performance by the Company or the Depositary Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or Holder:

  • Cessation of Business Any Obligor suspends or ceases to carry on (or threatens to suspend or cease to carry on) all or a material part of its business.

  • RETENTION OF ULTIMUS The Trust hereby retains Ultimus to act as the fund accountant of the Trust and to furnish the Trust with the services as set forth below. Ultimus hereby accepts such employment to perform such duties.

  • Location of Services Officer is required to perform his services under this Agreement at such present or future business location of Company as may be designated by the Chief Executive Officer in the Counties of Los Angeles, Orange or Ventura, California or wherever the Corporate Headquarters of Employer may be located.

  • Continue to Perform After Resignation or Removal No resignation or removal of the Asset Representations Reviewer will be effective, and the Asset Representations Reviewer will continue to perform its obligations under this Agreement, until a successor Asset Representations Reviewer has accepted its engagement according to Section 5.3(b).

  • Interruption of Use Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities as set forth in this Article 6.

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