Common use of Disruption in Services Clause in Contracts

Disruption in Services. Landlord reserves the right to stop any Building Systems or otherwise interrupt services when reasonably necessary; provided, however, that Landlord shall make good faith efforts to give Tenant advance notice of any scheduled interruption of services, and in any case Landlord shall restore such services as promptly as reasonably practical. Landlord’s failure to furnish, or any interruption or diminishment of services (collectively a “Service Disruption”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any agreement. However, if the Premises, or a material portion of the Premises, are made untenantable as a result of a Service Disruption for a period in excess of five (5) consecutive business days after Tenant’s notice to Landlord of such disruption, and the Service Disruption results solely from Landlord’s gross negligence or willful misconduct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Monthly Base Rent and Tenant’s Share of Escalations payable hereunder during the period beginning on the sixth (6th) consecutive business day after Tenant’s notice to Landlord of such disruption and ending on the day the service is restored. If the entire Premises have not been rendered untenantable by the Service Disruption, Monthly Base Rent and Tenant’s Share of increases in Escalations shall be abated in the proportion that the rentable area of the Premises that is untenantable bears to the total rentable area of the Premises.

Appears in 5 contracts

Samples: Office Lease (Eidos Therapeutics, Inc.), Office Lease (Eidos Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

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