Common use of Failure or Delay in Furnishing Services Clause in Contracts

Failure or Delay in Furnishing Services. Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result of a negligent act or omission of Landlord or any employee of Landlord (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure (as defined in Section 25H hereof) or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a material part of the Premises, is rendered untenantable or inaccessible for a period of three (3) consecutive business days, and Tenant does not conduct business in the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date of such interruption and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “material part” shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operations.)

Failure or Delay in Furnishing Services. Except as set forth in Section 11.B hereof, Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 26.I. below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or or, except as set forth in this Section 5.E, relieve Tenant from its obligation to pay any Rent when due, due or from any other obligations of Tenant under this Lease. Landlord agrees to use its reasonable efforts to promptly cure such failure or delay after Tenant has notified Landlord thereof. Notwithstanding the foregoingforgoing, if as a result of a negligent act or omission for reasons within the control of Landlord and not caused by Tenant, or any employee of Landlord (as distinguished from an act its employees or omission agents, or caused by any one or more of Tenant or the occurrence of an event of force majeure (as defined events stated in Section 25H hereof) or the occurrence of a fire or other casualty which is covered by Section 12 hereof)26.I, any service interruption or stoppage of any services Landlord is required hereunder to provide to the Premises as described above is not furnished to the Premises Building shall occur and if as a result thereof the Premises, such interruption or a material part of the Premises, is rendered untenantable or inaccessible stoppage shall continue for a period of more than three (3) consecutive business days, days and shall render a substantial portion of the Premises untenantable and Tenant does not shall actually cease to conduct business in such portion of the Premises, then, provided that Tenant provides Landlord with written notice thereof promptly upon the occurrence thereof, the Base Rent payable hereunder for such untenantable portion of the Premises shall be abated for the period beginning on the fourth (4th) consecutive business day of such failure and shall continue until the earlier of the date that (i) Tenant again uses such portion of the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date of such interruption and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “material part” shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operations.ii)

Failure or Delay in Furnishing Services. Landlord does not warrant that any of the services or any of the equipment used in connection with the above-mentioned services will be free from interruptions. Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H belowabove, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s use of the Premises, Premises or relieve Tenant from its obligation to pay any Rent when due, due or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if such services are interrupted, and if (i) such interruption does not arise as a result of an act or omission of Tenant, (ii) such interruption does not arise as a result of a negligent act matter or omission of Landlord or any employee of Landlord condition affecting the adjacent one mile radius area, such as a city-wide power outage, (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure (as defined in Section 25H hereofiii) or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result of such interruption, the Premises or any material portion thereof the Premises, or a material part of the Premises, is rendered untenantable (meaning a lack of elevator access, temperature in the Premises of more than fifteen (15) degrees higher or inaccessible lower than building standard during normal business hours or Tenant’s other inability to use the Premises or such material portion thereof in the normal course of its business) and Tenant in fact so ceases to use the Premises or such material portion thereof for the normal conduct of its business, and (iv) such interruption continues for a period of three (3) or more consecutive business days, and Tenant does not conduct business then the Rent payable hereunder shall be equitably abated based upon the percentage of the space in the Premises, or such material part thereof which is Premises so rendered untenantable or inaccessible, during such 3-business day period, then and not being used by Tenant. The foregoing abatement of Rent shall become effective as Tenant’s sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date of such interruption and expiring on the date such service is restored or Tenant is able to resume occupancy of day the Premises or such material part thereofportion thereof becomes untenantable and Tenant ceases to use such space for the normal conduct of its business. In the event such interruption continues for more than 120 days, Tenant shall have the option to terminate this Lease by written notice to Landlord, effective as of the case may be. (As used herein, 120th day after the phrase “Premises or such material part” shall mean an amount which in Tenant’s reasonable judgment prevents portion thereof becomes untenantable and Tenant from conducting ceases to use such space for the normal conduct of its ordinary and customary business operationsbusiness.)

Failure or Delay in Furnishing Services. Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H belowabove, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or (except as hereinafter provided) relieve Tenant from its obligation to pay any Rent when due, due or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result any of a negligent act or omission of Landlord or any employee of Landlord the services described in Sections 8.A.(i), (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure ii) (as defined in Section 25H hereoflimited to water supplied to base building washrooms) or (iv) or Section 8.B. above are interrupted for any reason, resulting in a material impairment to Tenant's ability to conduct a substantial portion of Tenant's customary business operations at the occurrence Premises, and Tenant is unable to conduct a substantial portion of a fire or other casualty which is covered by Section 12 hereof), any service to its customary operations from the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a material part of the Premises, is rendered untenantable or inaccessible for a period of three (3) consecutive business days, and Tenant does not conduct business in the Premisesthen, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s 's sole remedy for such failure to furnish such servicerecourse therefor, Base Rent, and Additional Rent and Adjustment Rent payable for such portion shall abatx xx of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date of such the interruption and expiring on thereafter until the date such service is restored so that the material impairment is cured or until Tenant is able to resume occupancy occupy the Premises for the conduct of a substantial portion of its customary business operations therefrom (whichever first occurs). Tenant shall not, however, have any right to abatx Xxxe Rent or Additional Rent if the service is restored within three (3) business days following the date of the Premises interruption. Landlord shall use commercially reasonable efforts to minimize any failure, delay, interruption or such material part thereof, as diminution in furnishing any service described above. Nothing contained herein shall be deemed to diminish any rental abatement rights of Tenant arising out of a casualty to the case may be. (As used herein, the phrase “material part” shall mean an amount which extent provided for in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operationsSection 15.)

Failure or Delay in Furnishing Services. Tenant agrees that Landlord --------------------------------------- shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 25J below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result of a negligent an act or omission of Landlord or any employee of Landlord (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure ([as defined in Section 25H 25J hereof) ] or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a "material part part" (as defined below) of the Premises, is rendered untenantable or inaccessible for a period of three (3) five consecutive business days, and Tenant does not conduct business in occupy the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 35-business day period, then as Tenant’s 's sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx xxxxx for the period commencing on the date expiration of such interruption said five business day period and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “"material part” " shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operationsexcess of 20% of the Rentable Area of the Premises.)

Failure or Delay in Furnishing Services. Tenant agrees that --------------------------------------- Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 25J below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result of a negligent act or omission of Landlord or for any employee of Landlord (as distinguished from reason other than an act or omission of Tenant or the occurrence of an event of force majeure (as defined in Section 25H hereof) its agents, employees, contractors, subtenants or occupants or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a "material part part" (as defined below) of the Premises, is rendered untenantable or inaccessible for a period of three (3) five consecutive business days, and Tenant does not conduct business in occupy the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 35-business day period, then as Tenant’s 's sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx xxxxx for the period commencing on the date expiration of such interruption said five business day period and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “"material part” " shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operationsexcess of 10% of the rentable area of the Premises.)

Failure or Delay in Furnishing Services. Tenant agrees that --------------------------------------- Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 25I below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result of a negligent act or omission of Landlord or any employee of Landlord (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure ([as defined in Section 25H 25I hereof) ] or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a "material part part" (as defined below) of the Premises, is rendered untenantable or inaccessible for a period of three (3) consecutive business days, and Tenant does not conduct business in occupy the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s 's sole remedy remedies for such failure to furnish such service, (i) Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx xxxxx for the period commencing on the date of the onset of such interruption untenantability or inaccessibility and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may bebe and (ii) if such period of untenantability or inaccessibility exceeds 90 consecutive days, Tenant may elect to terminate this Lease by delivery of written notice to Landlord within 15 business days after the expiration of such 90-day period. (As used herein, the phrase “"material part” " shall mean an amount which in excess of 25% of rentable area of the Premises or an area within the Premises that is integral for Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary 's normal business operations.)) For purposes of this Lease, the Premises, or a part thereof, shall be deemed to be "untenantable" if a condition exists such that the Premises, or such part thereof, cannot be used for the purpose for which it was rented.

Failure or Delay in Furnishing Services. Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 26.1, below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, due or from any other obligations of Tenant under this Lease. Landlord agrees to use its reasonable efforts to cure such failure or delay after Tenant has notified Landlord thereof. Notwithstanding the foregoing, if as a result of a negligent act or omission of Landlord in the event that for any reason not caused by Tenant (or any employee of Landlord (as distinguished from an act its employees, contractors, agents, subtenants, invitees or omission of Tenant assignees) or the occurrence of an event of force majeure (as defined in Section 25H hereof) or the occurrence of a fire or other casualty which is covered by Section 12 hereof)majeure, any service interruption or stoppage of any Essential Service (hereinafter defined) Landlord is required hereunder to provide to the Premises as described above is not furnished to Building shall continue for more than ten (10) consecutive business days and shall render at least thirty percent (30%) of the Premises unusable for the purposes permitted hereunder and if as a result thereof the Premises, or a material part Tenant shall actually cease to conduct business in such portion of the Premises, is rendered untenantable or inaccessible for a period then, provided no default hereunder exists, the portion of three (3) consecutive business days, and Tenant does not conduct business in the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for attributable to such unusable area shall, commencing on the eleventh (11th) business day after such interruption or stoppage (but in no event earlier than ten (10) business days after receipt from Tenant of written notice that Tenant has experienced such an interruption or stoppage), xxxxx until the earlier of the date that (i) Tenant again uses such portion of the Premises, or (ii) such portion of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date of such interruption and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may beagain usable. (As used herein, the phrase “material part” shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary term "Essential Service" means electricity, HVAC service, the provision of restroom facilities and customary business operationselevator service for passengers.)

Failure or Delay in Furnishing Services. Tenant agrees that Landlord and the Landlord Parties shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 29.K. below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, due or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result any of a negligent act or omission of Landlord or any employee of Landlord the services described in Sections 8.A.(i), (as distinguished from an act or omission of Tenant or ii) (limited to cold water supplied to washrooms at the occurrence of an event of force majeure (as defined in Section 25H hereofPremises) or (iv) above, are interrupted for any reason within Landlord’s reasonable control, resulting in a material impairment to Tenant’s ability to conduct Tenant’s customary business operations at the occurrence Premises, and Tenant actually ceases to conduct any of a fire or other casualty which is covered by Section 12 hereof), any service to its customary operations from the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a material part of the Premises, is rendered untenantable or inaccessible for a period of three four (34) consecutive business days, and Tenant does not conduct business in the Premisesthen, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s 's sole remedy for such failure to furnish such servicerecourse therefor, Base Rent and Adjustment Additional Rent payable for shall axxxx as of the fifth (5th) consecutive business day of the interruption and thereafter until such time as service is restored such that the material impairment is cured or until Tenant again occupies any portion of the Premises which Tenant does not so occupy shall axxxx for the period commencing on the date conduct of any of such interruption and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “material part” shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and previously discontinued customary business operationsoperations therefrom (whichever first occurs). Landlord shall use commercially reasonable efforts to minimize any failure, delay, interruption or diminution in furnishing any service described hereinabove. Notwithstanding the foregoing, if Tenant's right to abatement occurs because of damage or destruction by fire or other casualty or taking by eminent domain, Tenant's abatement period and other rights and obligations shall be governed solely by Sections 15 and 16 below.)

Failure or Delay in Furnishing Services. Tenant agrees that --------------------------------------- Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25H 25J below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant’s 's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. Notwithstanding the foregoing, if as a result of a negligent act or omission of Landlord or any employee of Landlord (as distinguished from an act or omission of Tenant or the occurrence of an event of force majeure ([as defined in Section 25H 25J hereof) ] or the occurrence of a fire or other casualty which is covered by Section 12 hereof), any service to the Premises as described above is not furnished to the Premises and if as a result thereof the Premises, or a "material part part" (as defined below) of the Premises, is rendered untenantable or inaccessible for a period of three (3) consecutive five business daysdays in any ten-day period, and Tenant does not conduct business in occupy the Premises, or such material part thereof which is rendered untenantable or inaccessible, during such 3-business day period, then as Tenant’s 's sole remedy for such failure to furnish such service, Base Rent and Adjustment Rent payable for such portion of the Premises which Tenant does not so occupy shall axxxx xxxxx for the period commencing on as of the date beginning of such interruption period and expiring on the date such service is restored or Tenant is able to resume occupancy of the Premises or such material part thereof, as the case may be. (As used herein, the phrase “"material part” " shall mean an amount which in Tenant’s reasonable judgment prevents Tenant from conducting its ordinary and customary business operationsexcess of 5% of the rentable area of the Premises.)