DELAYS IN FURNISHING SERVICES. Tenant agrees that Landlord shall not be in breach of this Lease nor be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, or a change in the quantity or character of any service when such failure, delay or change is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns, by the act or default of Tenant or other parties or by an event of Force Majeure. No such failure, delay or change shall be deemed to be an eviction or disturbance of Tenant’s use and possession of the Premises, or relieve Tenant from paying Rent or from performing any other obligations of Tenant under this Lease, without any deduction or offset. Failure to any extent to make available, or any slowdown, stoppage, or interruption of, the specified utility services resulting from any cause, including changes in service provider or Landlord’s compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the operation of the Property, shall not render Landlord liable in any respect for damages to either persons, property, or business, nor be construed as an eviction of Tenant or work an abatement of Rent, nor relieve Tenant of Tenant’s obligations for fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for abatement of Rent or damages on account of any interruption of service occasioned thereby or resulting therefrom. Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code section 1932(1), permitting the termination of this Lease due to such interruption, failure or inability.
DELAYS IN FURNISHING SERVICES. 15 6.06 CHOICE OF SERVICE PROVIDER............................... 16
DELAYS IN FURNISHING SERVICES. Except as otherwise expressly set forth in this Lease, Tenant agrees that Landlord shall not be in breach of this Lease nor be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, or a change in the quantity or character of any service when such failure, delay or change is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns by the act or default of Tenant or other parties or by an event of Force Majeure. Except as otherwise expressly set forth in this Lease, no such failure, delay or change shall be deemed to be an eviction or disturbance of Tenant’s use and possession of the Premises, or relieve Tenant from paying Rent or from performing any other obligations of Tenant under this Lease without any deduction or offset. Except as otherwise expressly set forth in this Lease, failure to any extent to make available, or any slowdown, stoppage, or interruption of, the specified utility services resulting from any cause, including, without limitation, changes in service provider or Landlord’s compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the operation of the Building or the Project shall not render Landlord liable in any respect for damages to either persons, property, or business, nor be construed as an eviction of Tenant or work an abatement of Rent, nor relieve Tenant of Tenant’s obligations for fulfillment of any covenant or agreement hereof. Except as otherwise expressly set forth in this Lease, should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for abatement of Rent or damages on account of any interruption of service occasioned thereby or resulting therefrom. Notwithstanding anything to the contrary contained in this Lease, if Tenant suffers a Material Interference Event (as defined below) that continues for three (3) consecutive business days (or ten (10) total, non-consecutive business days within any consecutive twelve (12) month period) after notice to Landlord, then Tenant’s Monthly Base Rent shall be equitably abated (retroactive to the date of the Material Interference Event) for that portion of the Premises that is affected by the Material Interf...
DELAYS IN FURNISHING SERVICES. The following shall be added at the end of Section 6.5 of the ESE Lease: “Notwithstanding anything to the contrary contained in this Section 6.5, if all or any material portion of the Premises are made untenantable and are not actually used by Tenant for a period in excess of three (3) consecutive business days as a result of a failure, delay or change in any service due to Landlord’s gross negligence or willful misconduct, and Tenant has given Landlord notice of such failure, delay or change, then, commencing with the fourth (4th) business day after such notice and ending on the day the service has been restored, Tenant shall be entitled to an abatement of Monthly Base Rent. If the entire Premises has not been rendered untenantable by such failure, delay or change, the amount of abatement shall be equitably prorated.”
DELAYS IN FURNISHING SERVICES. Tenant agrees that Landlord shall not be in breach of this Lease nor be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, or a change in the quantity or character of any service when such failure, delay or change is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns, by the act or default of Tenant or other parties or by an event of Force Majeure. No such failure, delay or change shall be deemed to be an eviction or disturbance of Tenant’s use and possession of the Premises, or relieve Tenant from paying Rent or from performing any other obligations of Tenant under this Lease, without any deduction or offset , except as otherwise provided in this Section 6.5. Failure to any extent to make available, or any slowdown, stoppage, or interruption of, the specified utility services resulting from any cause, including changes in service provider or Landlord’s compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the operation of the Property, shall not render Landlord liable in any respect for damages to either persons, property, or business, nor be construed as an eviction of Tenant or work an abatement of Rent, nor relieve Tenant of Tenant’s obligations for fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord break down or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for abatement of Rent or damages on account of any interruption of service occasioned thereby or resulting therefrom. Notwithstanding anything to the contrary in the foregoing, if Tenant is unable to use the Premises as a result of an interruption in service, and if any such interruption (i) continues for five (5) consecutive Business Days following Tenant’s delivery to Landlord of notice of such interruption, (ii) is caused by the negligence of Landlord or any of its agents, employees, contractors, vendors or licensees, and the cure of same is within the reasonable control of Landlord (and is not attributable to any acts or omissions of Tenant or any third party or to Force Majeure), (iii) materially and adversely affects Tenant’s ability to conduct business in the Premises, or any material portion thereof, and ...
DELAYS IN FURNISHING SERVICES. If as a result of any failure to furnish or delay in furnishing any of the services described in 5.01, the Premises are rendered substantially untenantable for a period of more than seventy-two (72) consecutive hours and Tenant does not occupy the Premises due to such untenantability, then, commencing upon the expiration of said 72-hour period, Monthly Base Rent shall abatx xxx the duration of such untenantability until Tenant is able to resume or does resume occupancy of the Premises. Tenant agrees that Landlord shall not be liable for damages for failure to furnish or delay in furnishing any service if attributable to any of the causes described in 26.05 and if not thus attributable, then only to the extent of abatement of Monthly Base Rent. No failure or delay shall be considered to be an eviction or disturbance of Tenant's use or possession of Premises.
DELAYS IN FURNISHING SERVICES. If, as a result of any failure to furnish or delay in furnishing any of the services described in section 5.1, the Premises are rendered substantially untenantable for a period of 72 consecutive hours and the Tenant is unable to occupy the Premises due to such untenantability, then, commencing upon the expiration of said 72-hour period, Rent shall abatx xxx the duration of such untenantability until normal services are resumed. Tenant agrees that Landlord shall not be liable for damages for failure to furnish or delay in furnishing any service if attributable to any of the causes described in section 26.7. In addition, no such failure or delay shall be considered to be an eviction or disturbance of Tenant's use or possession of the Premises, or relieve Tenant from its obligation to pay all Rent when due or from any other obligations of Tenant under this Lease, except as stated in the first sentence of this section.
DELAYS IN FURNISHING SERVICES. Landlord does not warrant that any of the above services will be free from interruption caused by war, insurrection, civil commotion, riots, acts of God, or the enemy, governmental action, repairs, mechanical breakdown, renewals, improvements, alterations, strikes, lockouts, picketing, whether legal or illegal, accidents, inability of Landlord to obtain fuel or supplies or any other cause or causes beyond the reasonable control of Landlord. No failure or delay in furnishing any service caused in whole or in part
DELAYS IN FURNISHING SERVICES. Tenant agrees that landlord shall not be in breach of this Lease nor be liable to Tenant for damages or otherwise, for any failure to furnish, or a delay in furnishing, or a change in the quantity or character of any service when such failure, delay or change is occasioned, in whole or in part, by
DELAYS IN FURNISHING SERVICES. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall not be liable for damages for any failure to furnish or delay in furnishing any service or utility described in 5.01 or 5.02 above if such failure or delay is caused in whole or in part by any one or more of the causes specified in 26.07 of this Lease. No such failure or delay caused in whole or in part by any one or more of the causes specified in 26.07 of this Lease shall result in any liability of Landlord to Tenant or be deemed to be an eviction or disturbance of Tenant's use or possession of the Premises, or relieve Tenant from its obligation to pay all Rent when due or from any other obligation of Tenant under this Lease. See Insert on page 4A.
