Common use of Damaged or Defective Systems Clause in Contracts

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s negligence and/or willful misconduct or the negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) negligence or willful misconduct or Landlord’s material breach of this Lease; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty percent (50%) of the Premises or Tenant’s parking spaces; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after Xxxxxxxx’s receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. (d) the cost of the remedy thereof shall be paid by Xxxxxx as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 below; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) business hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing throughthrotigh, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directorsdireetors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) 's gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty percent (50%) of the Premises or Tenant’s parking spacesoperations; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after Xxxxxxxx’s Landlord's receipt of notice thereof from Tenant. FurthermoreTenant.furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable gross negligence or improper use willful misconduct of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 below; : and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s 's repair thereof.

Damaged or Defective Systems. Tenant shall give written prompt notice to Landlord after Xxxxxx Tenant becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in and to the case extent of Landlord’s negligence and/or willful misconduct or the negligence and/or willful misconduct that of Landlord’s its agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) to the extent the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty seventy-five percent (5075%) of the Premises or Tenant’s parking spacesPremises; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after XxxxxxxxLandlord’s receipt of notice thereof from Tenant. Furthermore, if and to the extent such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or Or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) 's gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty seventy-five percent (5075%) of the Premises or Tenant’s parking spacesPremises; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after Xxxxxxxx’s Landlord's receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s 's repair thereof.

Damaged or Defective Systems. Tenant shall give written prompt notice to Landlord after Xxxxxx becomes aware Tenant acquires actual knowledge of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty seventy-five percent (5075%) of the Premises or Tenant’s parking spacesPremises; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after XxxxxxxxLandlord’s receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx Tenant becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty percent (50%) of the Premises or Tenant’s parking spacesPremises; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after XxxxxxxxLandlord’s receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) 's gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty percent (50%) of the Premises or Tenant’s parking spaces; Premises: and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after Xxxxxxxx’s Landlords receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s 's repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx Tenant becomes aware of any alleged damage to, or defective condition in any part or appurtenance of the Building’s sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable its best efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (a) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (b) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty percent (50%) of the Premises or Tenant’s parking spacesPremises; and (c) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after XxxxxxxxLandlord’s receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed toto Tenant’s negligence, a Tenant Change not consented to by Landlord willful misconduct or the unreasonable or improper use breach of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.this Lease: (d) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.343; (e) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (f) Tenant shall be estopped from making any claim for damages arising out of Landlord’s repair thereof.

Damaged or Defective Systems. Tenant shall give written notice to Landlord after Xxxxxx becomes aware within twenty-four (24) hours of any alleged damage to, or defective condition in any part or appurtenance of the Building’s 's sanitary, electrical, HVAC or other systems serving, located in, or passing through, the Premises. Provided that the repair or remedy of said damage or defective condition is within the reasonable control of Landlord, it shall be remedied by Landlord with reasonable diligence. Otherwise, Landlord shall make such commercially reasonable efforts as may be available to Landlord to effect such remedy or repair, but except in the case of Landlord’s 's gross negligence and/or willful misconduct or the gross negligence and/or willful misconduct of Landlord’s 's agents, contractors, directors, employees, officers, partners, and/or shareholders, or the material breach of this Lease by Landlord, Landlord shall not be liable to Tenant for any failure thereof. Tenant shall not be entitled to claim any damages arising from any such damage or defective condition nor shall Tenant be entitled to claim any eviction by reason of any such damage or defective condition unless: (aA) the same was caused by Landlord’s (or its contractors’, agents’, employees’, managers’ or representatives’) 's gross negligence or willful misconduct while operating or Landlord’s material breach of this Leasemaintaining the Premises or the Building; (bB) the damage or defective condition has substantially prevented Tenant from conducting its normal business operations or obtaining access to at least fifty seventy-five percent (5075%) of the Premises or Tenant’s parking spacesPremises; and (cC) Landlord shall have failed to commence the remedy thereof and proceeded with reasonable diligence to complete the same after Xxxxxxxx’s Landlord's receipt of notice thereof from Tenant. Furthermore, if such damage or defective condition was caused by, or is attributed to, a Tenant Change not consented to by Landlord or the unreasonable or improper use of such system(s) by Tenant or its employees, licensees or invitees: [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.: (dD) the cost of the remedy thereof shall be paid by Xxxxxx Tenant as Additional Rent pursuant to the provisions of Section 4.3; (eE) in no event shall Tenant be entitled to any abatement of rent as specified in Section 8.9 belowabove; and (fF) Tenant shall be estopped from making any claim for damages arising out of Landlord’s 's repair thereof.