Common use of DELAYS IN FURNISHING SERVICES Clause in Contracts

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 Interference Event until such service is restored to the Premises. At the time of the loss of service, Tenant must give written notice promptly to Landlord of the loss of service and its claim for abatement and Tenant only shall be entitled to abatement of Monthly Base Rent in proportion to the area rendered unusable or untenantable. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and quantity by temporary or alternative means until the cause of the loss of service can be corrected. Such abatement shall be Tenant’s sole remedy for loss of service and Tenant shall have no right to terminate this Lease. A “Material Interference Event” shall mean that the Premises or any portion thereof is untenantable (which for purposes hereof means that Tenant is unable to conduct business operations in the Premises or the affected portion thereof, notwithstanding whether Tenant in fact continues to conduct business operations in the unaffected portions of the Premises), or there is a material interruption with reasonable public access to the Building as a proximate result of (a) any construction or alteration activity of Landlord in the Building, or any entry by Landlord into the Premises (except if such activity or entry is being performed by Landlord or behalf of Tenant pursuant to the terms of this Lease), (b) interference with reasonable public access to the Building caused by or within the reasonable control of Landlord, (c) the release, existence, discovery or remediation of any Hazardous Materials in the Building caused by or within the reasonable control of Landlord, (d) any failure by Landlord to perform its maintenance, repair, and replacement obligations in Section 8.01, (e) any entry or work by Landlord pursuant to Section 7.02, or (f) any failure to furnish, or any stoppage of, electricity, water, natural gas and sewer service, HVAC service, telephone and networking cabling service, elevator service and sewer service caused by or within the reasonable control of Landlord. Notwithstanding the foregoing, Landlord shall use all commercially reasonable efforts to obtain the maximum available benefit of the Loss Rental Insurance required to be carried by Landlord in Section 16.03, and despite the time periods stated above, the amount of Tenant’s Monthly Base Rent shall be reduced by the net proceeds actually received by Landlord under such Loss Rental Insurance attributable to the Premises regardless of the cause of the Material Interference Event.

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, failure or delay or change is occasioned, in whole or in part, by repairs, improvements or mechanical breakdowns breakdowns, by the act or default of Tenant or other parties (except the negligence or wilful misconduct of Landlord or its agents, employees or contractors) or by an event of Force Majeure, provided Landlord acts diligently and reasonably under the circumstances to restore said service to the extent within Landlord's reasonable control. Except as otherwise expressly set forth in this Lease, no No such failure, failure or delay or change shall be deemed to be an eviction or disturbance of Tenant’s '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 Leasethe Lease other than Articles 14 and 15, if: (a) any services required to be provided by Landlord hereunder are interrupted, and Tenant is unable to and does not use the Premises as a result of such interruption, and (b) Tenant shall have given written notice respecting such interruption to Landlord, and Landlord shall have failed to cure such interruption within five (5) consecutive days after receiving such notice, Monthly Base Rent and Rent Adjustment Deposits shall thereafter be abated until such services are restored or Tenant begins using the Premises again, whichever shall first occur. In addition, notwithstanding anything to the contrary in the Lease other than Articles 14 and 15, if Tenant suffers a Material Interference Event any such interruption is not within Landlord's reasonable control (but Landlord shall promptly seek to cure such interruption to the extent reasonably practicable) and Landlord shall have failed to cure such interruption within 180 consecutive days after receiving such notice (or, if cure of such interruption is not reasonably possible within one hundred eighty (180) days, so long as defined belowLandlord has commenced to cure within such one hundred eighty (180) that continues for three day period and is diligently proceeding to complete such cure), or if any such interruption is within Landlord's reasonable control (3and Landlord shall promptly seek to cure such interruption to the extent reasonably practicable) and Landlord shall have failed to cure same within ninety (90) consecutive business days after receiving such notice (or or, if cure of such interruption is not reasonably possible within ninety (90) days, so long as Landlord has commenced to cure within such ninety (90)-day period and is diligently proceeding to complete such cure), then Tenant shall have the right to terminate this Lease by ten (10) total, non-consecutive business days within any consecutive twelve (12) month period) after prior written notice to LandlordLandlord provided that such notice is given after expiration of the aforesaid 180-day or 90-day period (as applicable and as may be extended) and while such interruption is still continuing; provided, then however, if such services are restored within said ten (10)-day period, Tenant’s Monthly Base Rent 's notice of termination shall be equitably abated (retroactive to the date of the Material Interference Event) for that portion no force and effect and this Lease shall continue. If any such interruption of the Premises that is affected by the Material Interference Event until such service is restored to the Premises. At the time of the loss of service, Tenant must give written notice promptly to Landlord of the loss of service and its claim for abatement and Tenant only shall be entitled to abatement of Monthly Base Rent in proportion to the area rendered unusable or untenantable. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and quantity by temporary or alternative means until the cause of the loss of service can be corrected. Such abatement shall be Tenant’s sole remedy for loss of service and Tenant shall have no right to terminate this Lease. A “Material Interference Event” shall mean that the Premises or any portion thereof is untenantable (which for purposes hereof means that Tenant is unable to conduct business operations in the Premises or the affected portion thereof, notwithstanding whether Tenant in fact continues to conduct business operations in the unaffected portions of the Premises), or there is a material interruption with reasonable public access to the Building as a proximate result of (a) any construction or alteration activity of Landlord in the Building, or any entry by Landlord into the Premises (except if such activity or entry is being performed by Landlord or behalf of Tenant pursuant to the terms of this Lease), (b) interference with reasonable public access to the Building caused by or within the reasonable control of Landlord, (c) the release, existence, discovery or remediation of any Hazardous Materials in the Building caused by or within the reasonable control of Landlord, (d) any failure by Landlord to perform its maintenance, repair, and replacement obligations in Section 8.01, (e) any entry or work by Landlord pursuant to Section 7.02, or (f) any failure to furnish, or any stoppage of, electricity, water, natural gas and sewer service, HVAC service, telephone and networking cabling service, elevator service and sewer service caused by or within the reasonable control of Landlord. Notwithstanding the foregoingservices occurs, Landlord shall use all commercially reasonable efforts to obtain reinstate or cause the maximum available benefit reinstatement of such services as soon as practicable. Provided Landlord is not in breach of its obligations hereunder, such abatement and termination rights shall be Tenant's sole recourse in the Loss Rental Insurance event of an interruption of services required to be carried provided by Landlord in Section 16.03, and despite the time periods stated above, the amount of Tenant’s Monthly Base Rent shall be reduced by the net proceeds actually received by Landlord under such Loss Rental Insurance attributable hereunder. Notwithstanding anything contained herein to the contrary, if Landlord shall not have restored said service within 270 consecutive days of its termination without regard to Force Majeure and Tenant has been unable to and has not used the Premises regardless of the cause of the Material Interference Eventduring such 270-day period, Tenant may on five (5) days notice terminate this Lease unless said service is restored within said five (5)-day period.

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, failure or 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 No such failure, failure or 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 offsetLease. Except as otherwise expressly set forth in this LeaseNotwithstanding the foregoing to the contrary, failure to any extent to make available, or any slowdown, stoppage, or except for the 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 foregoing services arising by reason of fire or the Project shall not render Landlord liable casualty loss provided for in any respect for damages to either personsArticle Fourteen, 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 such services which is within Landlord’s reasonable control and which “materially interferes” with Tenant’s use of any part of the contrary contained in this Lease, if Tenant suffers Premises for a Material Interference Event period of seven (as defined below) that continues for three (37) consecutive business days (or ten (10) total, non-consecutive business days within any consecutive twelve (12) month period) after notice by Tenant to LandlordLandlord of such interruption of service shall entitle Tenant, then Tenant’s as its sole remedy with respect thereto, to axxxx the Monthly Base Rent shall be equitably abated (retroactive to the date of the Material Interference Event) and Rent Adjustments under this Lease for that portion of the Premises that is affected by which are untenantable for the Material Interference Event until period commencing on the eighth (8th) business day of interruption of such service is restored to services and terminating on the Premises. At the time day of restoration of the loss services. For purposes of this Section 6.05, material interference with Tenant’s use of the Premises shall occur when Tenant shall be prevented from using the Premises for general office purposes as a consequence of Landlord’s inability to provide the services specified in Section 6.01. Except as may otherwise be expressly set forth herein, in no event shall Landlord be liable for any damages, consequential or otherwise arising from such interruption of service, and in no event shall Tenant must give written notice promptly to Landlord of the loss of service and its claim for abatement and Tenant only shall be entitled to abatement of Monthly Base Rent in proportion to the area rendered unusable or untenantable. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and quantity by temporary or alternative means until the cause of the loss of service can be corrected. Such abatement shall be Tenant’s sole remedy for loss of service and Tenant shall have no any right to terminate this Lease. A “Material Interference Event” shall mean that the Premises or any portion thereof is untenantable (which for purposes hereof means that Tenant is unable to conduct business operations in the Premises or the affected portion thereof, notwithstanding whether Tenant in fact continues to conduct business operations in the unaffected portions of the Premises), or there is a material interruption with reasonable public access to the Building as a proximate result of (a) any construction or alteration activity of Landlord in the Building, or any entry by Landlord into the Premises (except if such activity or entry is being performed by Landlord or behalf of Tenant pursuant to the terms of this Lease), (b) interference with reasonable public access to the Building caused by or within the reasonable control of Landlord, (c) the release, existence, discovery or remediation of any Hazardous Materials in the Building caused by or within the reasonable control of Landlord, (d) any failure by Landlord to perform its maintenance, repair, and replacement obligations in Section 8.01, (e) any entry or work by Landlord pursuant to Section 7.02, or (f) any failure to furnish, or any stoppage of, electricity, water, natural gas and sewer service, HVAC service, telephone and networking cabling service, elevator service and sewer service caused by or within the reasonable control of Landlord. Notwithstanding the foregoing, Landlord shall use all commercially reasonable efforts to obtain the maximum available benefit of the Loss Rental Insurance required to be carried by Landlord in Section 16.03, and despite the time periods stated above, the amount of Tenant’s Monthly Base Rent shall be reduced by the net proceeds actually received by Landlord under such Loss Rental Insurance attributable to the Premises regardless of the cause of the Material Interference Event.

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, failure or 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 No interruption or change malfunction of any utility service shall be deemed to be constitute an eviction or disturbance of Tenant’s 's use and or possession of the Premises, Premises or relieve a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable or responsible to Tenant from paying Rent for any loss or from performing damage which Tenant may sustain or incur if either the quantity or character of any other obligations of utility service is changed or is no longer available to or is no longer suitable for Tenant's requirements or entitle 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 be relieved from any causeof Tenant's obligations hereunder, 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, boardthe obligation to pay Rent, or bureau having jurisdiction over the operation of the Building or the Project shall not render Landlord liable in grant Tenant any respect for damages right to either personsset-off, propertyabatement, or businessrecoupment. Provided, 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 Leasehowever, if Tenant suffers a Material Interference Event (as defined below) that material interruption in Landlord's services occurs through the negligence of Landlord which renders the Premises untenable and the Premises continues to be untenable for three (3) consecutive business days (or ten (10) total, non-consecutive business days within any consecutive twelve (12) month period) after notice to Landlorddays, then Tenant’s Monthly Base Rent shall will be equitably reduced or abated (retroactive to as determined in the date good faith judgement of the Material Interference EventLandlord) for each day of interrupted service after such three (3) day period until the interrupted services are restored, provided that portion Tenant gives Landlord reasonable notice of the Premises that is affected by the Material Interference Event until such service is restored to the Premisesinterruption in services. At the time of the loss of service, Tenant must give written notice promptly to Landlord of the loss of service and its claim for abatement and Tenant only shall will not be entitled to any reduction or abatement of Monthly Base Rent in proportion to the area rendered unusable or untenantable. Landlord may prevent or stop abatement by providing substantially the same service in similar quality and quantity by temporary or alternative means until the cause of the loss of service can be corrected. Such abatement shall be Tenant’s sole remedy for loss of service and Tenant shall have no right to terminate this Lease. A “Material Interference Event” shall mean that the Premises or any portion thereof is untenantable (which for purposes hereof means that Tenant is unable to conduct business operations in the Premises or the affected portion thereof, notwithstanding whether Tenant in fact continues to conduct business operations in the unaffected portions of the Premises), or there is a material interruption with reasonable public access to the Building as a proximate result of (a) any construction or alteration activity of Landlord an interruption in the Building, or any entry by Landlord into the Premises (Landlord's services except if such activity or entry is being performed by Landlord or behalf of Tenant pursuant to the terms of as provided in this Lease), (b) interference with reasonable public access to the Building caused by or within the reasonable control of Landlord, (c) the release, existence, discovery or remediation of any Hazardous Materials in the Building caused by or within the reasonable control of Landlord, (d) any failure by Landlord to perform its maintenance, repair, and replacement obligations in Section 8.01, (e) any entry or work by Landlord pursuant to Section 7.02, or (f) any failure to furnish, or any stoppage of, electricity, water, natural gas and sewer service, HVAC service, telephone and networking cabling service, elevator service and sewer service caused by or within the reasonable control of Landlord. Notwithstanding the foregoing, Landlord shall use all commercially reasonable efforts to obtain the maximum available benefit of the Loss Rental Insurance required to be carried by Landlord in Section 16.03, and despite the time periods stated above, the amount of Tenant’s Monthly Base Rent shall be reduced by the net proceeds actually received by Landlord under such Loss Rental Insurance attributable to the Premises regardless of the cause of the Material Interference Event.6.05