Common use of Failure to Furnish Services Clause in Contracts

Failure to Furnish Services. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the premises or Building and such failure or delay lasts for a period of less than seventy-two (72) consecutive hours; or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, gas or any other form of energy serving the premises of Building. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. Notwithstanding the above, Notwithstanding anything to the contrary contained in this Lease, if any utility service to the Leased Premises is interrupted due to Landlord’s for more than seventy-two (72) consecutive hours, then commencing with the first full business day thereafter, there shall be an equitable abatement of minimum annual rental and all Additional Rent and utility charges for the utility so affected reflecting the extent of Tenant’s ability to conduct business in the premises is impaired. If any utility service to the premises is interrupted for more than thirty (30) consecutive days, then Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord.

Failure to Furnish Services. Tenant agrees that Landlord and its agents shall not be liable in default hereunder damages, by abatement of Rent or be liable otherwise, for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or for delay in furnishing any such services where service when such failure or delay is caused occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any condition or event cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of or inability to provide any services required to be provided by Landlord hereunder. Notwithstanding anything contained herein to the contrary, in the event any such interruption in services to be provided by Landlord under this Article 6. is caused by the making negligence or willful misconduct of necessary repairs or improvements Landlord, and if such interruption causes the Premises to be untenantable, and as a result thereof Tenant in fact ceases to use the premises or Building and such failure or delay lasts Premises for a period in excess of less than seventy-two five (725) consecutive hours; business days, then commencing on the sixth (6th) consecutive business day of such untenantability and non-use, then Base Rent and Rent Adjustments payable by Tenant shall be abated until the date the Premises are again tenantable. Notwithstanding the foregoing, however, in the event Tenant is entitled to recover the amount of Tenant's Base Rent or (iii) the limitation, curtailment or rationing ofRent Adjustments, or restrictions onboth, use for such period of wateruntenantability from Tenant's business interruption insurance or other insurance, gas or any other form of energy serving the premises of Building. Landlord then Tenant shall not be liable under entitled to such abatement, it being the intent and agreement of Tenant to first proceed against its insurance carrier for any circumstances for a such loss of use. With respect to an interruption of utility services to be provided by Landlord under this Article 6., which interruption is not caused by Landlord's negligence or injury willful misconduct, Landlord's sole obligation shall be to property or business, however occurring, through or in connection with or incidental use commercially reasonable efforts to failure to furnish any pursue the restoration of such services. Notwithstanding the above, Notwithstanding anything to the contrary contained in this Lease, if any utility service to the Leased Premises extent that such restoration is interrupted due to Landlord’s for more than seventy-two (72) consecutive hours, then commencing with within the first full business day thereafter, there shall be an equitable abatement reasonable control of minimum annual rental and all Additional Rent and utility charges for the utility so affected reflecting the extent of Tenant’s ability to conduct business in the premises is impaired. If any utility service to the premises is interrupted for more than thirty (30) consecutive days, then Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord.

Failure to Furnish Services. Tenant agrees that Landlord and its beneficiaries and their agents shall not be liable in default hereunder damages, by abatement of Rent or be liable otherwise, for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or for delay in furnishing any such services where service when such failure or delay is caused occasioned, in whole or in part, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties; or by any condition or event cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant’s use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Anything in Section 6.3 or this Lease to the contrary notwithstanding, if any Essential Service which Landlord is required to provide to Tenant under this Lease is interrupted (due to a failure or defect in such Essential Service caused by any act or omission of Landlord, and which failure or defect is under Landlord’s direct control (as opposed to the control of the public service utility company providing such service to the Building)) and is not caused by any act or omission of Tenant or any of its employees, agents or contractors (in which event there shall be no abatement of Rent as provided for in this Section 6.3), and if, as a result thereof, all of the Premises, or by any portion thereof, is rendered untenantable or otherwise cannot be used for the making reasonable conduct of necessary repairs or improvements to the premises or Building and such failure or delay lasts Tenant’s business for a period of less than seventy-two five (725) consecutive hours; or Business Days (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, gas or any other form of energy serving the premises of Building. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. Notwithstanding the above, Notwithstanding anything to the contrary contained in this Lease, if any utility service to the Leased Premises is interrupted as extended due to Landlord’s for more than seventy-two Force Majeure delays (72as described in Section 30.11) consecutive hours, then commencing with the first full business day thereafter, there shall be an equitable abatement of minimum annual rental and all Additional Rent and utility charges for the utility so affected reflecting the extent of or delays caused by Tenant’s ability to conduct business in the premises is impaired. If any utility service to the premises is interrupted for more than thirty (30) consecutive days, then Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord.after

Failure to Furnish Services. Tenant agrees that Landlord and its beneficiaries and their agents shall not be liable in default hereunder damages, by abatement of Rent or be liable otherwise, for any damages directly or indirectly resulting from, nor shall the rent be abated by reason of (i) the installation, use of interruption of use of any equipment in connection with the furnishing of any of the services to be furnished by Landlord as set forth in this Lease; (ii) failure to furnish or for delay in furnishing any such services where service when such failure or delay is caused occasioned, in whole or in part, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties; or by any condition or event cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Anything in Section 6.3 or this Lease to the contrary notwithstanding, if any Essential Service which Landlord is required to provide to Tenant under this Lease is interrupted (due to a failure or defect in such Essential Service caused by any act or omission of Landlord, and which failure or defect is under Landlord’s direct control (as opposed to the control of the public service utility company providing such service to the Building)) and is not caused by any act or omission of Tenant or any of its employees, agents or contractors (in which event there shall be no abatement of Rent as provided for in this Section 6.3), and if, as a result thereof, all of the Premises, or by any portion thereof, is rendered untenantable or otherwise cannot be used for the making reasonable conduct of necessary repairs or improvements to the premises or Building and such failure or delay lasts Tenant’s business for a period of less than seventy-two five (725) consecutive hours; Business Days (as extended due to Force Majeure delays (as described in Section 30.11) or delays caused by Tenant) after written notice thereof is given by Tenant to Landlord (iiiwith reference made to the abatement provision in this Section 6.3), then Tenant, as its sole remedy therefor, shall be entitled to a proportionate abatement of the Rent for each day after the expiration of such five (5) Business Day period (as extended due to Force Majeure delays or delays caused by Tenant) that all or such portion of the limitationPremises shall remain untenantable or otherwise cannot be used for the reasonable conduct of the Tenant’s business. Landlord, curtailment at Landlord’s cost (unless such interruption shall have been caused by any act or rationing of, or restrictions on, use omission of water, gas Tenant or any other form of energy serving the premises of Building. Landlord Tenant’s employees, agents or contractors, and then at Tenant’s cost), shall use reasonable diligence to restore any Essential Service which shall be interrupted, but shall not be liable required to employ overtime labor unless Tenant elects to pay for such overtime labor. The abatement provided for in this Section 6.3 shall be Tenant’s sole remedy in the event of any interruption of any Essential Service which Landlord is required to provide to Tenant under any circumstances for a loss of or injury to property or businessthis Lease. The term “Essential Service” as used in this Lease shall mean electrical, however occurringplumbing, through or in connection with or incidental to failure to furnish any such services. Notwithstanding the aboveheat, Notwithstanding anything air-conditioning, elevator service, reasonable access to the contrary contained in this LeasePremises, if any utility service to the Leased Premises is interrupted due to Landlord’s for more than seventy-two (72) consecutive hours, then commencing with the first full business day thereafter, there shall be an equitable abatement of minimum annual rental and all Additional Rent and utility charges for the utility so affected reflecting the extent of Tenant’s ability to conduct business in the premises is impaired. If any utility service to the premises is interrupted for more than thirty (30) consecutive days, then Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlordor other Building system services.