Common use of Interruption; Delay Clause in Contracts

Interruption; Delay. Landlord shall have no responsibility or liability for failure or interruption of any such repairs or services referred to in this Article VI, or for any interruption in utility services, caused by breakage, accident, strikes, repairs, inability after exercise of reasonable diligence to obtain supplies or otherwise furnish services, or for any cause or causes beyond the reasonable control of Landlord (any or all of the foregoing being a “Service Interruption”) (but Landlord, in respect of those matters for which Landlord is responsible, will use reasonable efforts to restore such services or make such repairs as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service or make such repair shall not be construed as an eviction of Tenant, nor render Landlord liable in damages, nor entitle Tenant to an abatement of Base Rent or Additional Rent, nor release Tenant from the obligation to fulfill any of its covenants under this Lease, except as provided in Articles X and XI with respect to eminent domain and damage by fire or other casualty. Notwithstanding the foregoing, if the Premises, or a material portion thereof, is made untenantable or inaccessible, and Tenant actually ceases to use the Premises or such portion, for more than five consecutive business days after written notice from Tenant to Landlord as a result of any Service Interruption not caused by Tenant, then Tenant shall be entitled to receive an abatement of Base Rent and Additional Rent payable hereunder for the period beginning on the fifth consecutive business day of such Service Interruption and ending on the day the service is restored; provided that if such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Base Rent and Additional Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible. The foregoing right shall not apply if the Service Interruption is due to casualty. In any event, Landlord shall take all commercially reasonable steps to provide alternative power, utility services, HVAC, electrical, plumbing and other services to the Premises, including, but not limited to, providing generators and other temporary services at the Landlord’s sole cost and expense if such Service Interruption was caused by Landlord or Landlord’s employees, agents, contractors or invitees.

Interruption; Delay. Landlord shall have no responsibility or liability for failure or interruption of any such repairs or services referred to in this Article VI, or for any interruption in utility services, caused by breakage, accident, strikes, repairs, inability after exercise of reasonable diligence to obtain supplies or otherwise furnish services, or for any cause or causes beyond the reasonable control of Landlord (any or all of the foregoing being a “Service Interruption”) (but Landlord, in respect of those matters for which Landlord is responsible, will use reasonable efforts to restore such services or make such repairs as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service or make such repair shall not be construed as an eviction of Tenant, nor render Landlord liable in damages, nor entitle Tenant to an abatement of Base Rent or Additional Rent, nor release Tenant from the obligation to fulfill any of its covenants under this Lease, except as provided in Articles X and XI with respect to eminent domain and damage by fire or other casualty. Notwithstanding anything to the foregoingcontrary contained in this Lease, if to the Premisesextent that any interruption, deprivation or a material portion thereof, is made untenantable reduction in utility or inaccessible, and Tenant actually ceases building services to use the Premises or such portion, for more than five consecutive business days after written notice from Tenant to Landlord as a result of any Service Interruption not is caused by Landlord’s or its agents’, employees’ or contractors’ negligence or willful misconduct, Landlord’s responsibility and Tenant, then Tenant ’s remedy shall be entitled limited to receive an abatement of in Base Rent and Additional Rent payable hereunder for the period beginning with the day which is three (3) consecutive Business Days after the date on the fifth consecutive business day which Tenant delivers notice to Landlord of such Service Interruption interruption, deprivation or reduction and the extent to which Tenant is being deprived of reasonable use of the Premises, and ending on the day the service date such interruption, deprivation or reduction which is restored; provided that if such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Base Rent and Additional Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible. The foregoing right shall not apply if the Service Interruption is due to casualty. In any event, Landlord shall take all commercially reasonable steps to provide alternative power, utility services, HVAC, electrical, plumbing and other services to the Premises, including, but not limited to, providing generators and other temporary services at the Landlord’s sole cost and expense if such Service Interruption was caused by Landlord or Landlord’s employees, agents, contractors or inviteesresponsibility ceases.

Interruption; Delay. Landlord shall have no responsibility or liability for failure or interruption of any such repairs or services referred to in this Article VI, or for any interruption in utility services, caused by breakage, accident, strikes, repairs, inability after exercise of reasonable diligence to obtain supplies or otherwise furnish services, or for any cause or causes beyond the reasonable control of Landlord (any or all of the foregoing being a “Service Interruption”) (but Landlord, in respect of those matters for which Landlord is responsible, will use reasonable efforts to restore such services or make such repairs as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service or make such repair shall not be construed as an eviction of Tenant, nor render Landlord liable in damages, nor entitle Tenant to an abatement of Base Rent or Additional Rent, nor release Tenant from the obligation to fulfill any of its covenants under this Lease, except as provided in Articles X and XI with respect to eminent domain and damage by fire or other casualty. Notwithstanding If any of such services are interrupted by a cause or causes within the foregoing, if reasonable control of Landlord so as to render the Premises, or a material significant portion thereof, is made untenantable or inaccessible, and Landlord does not commence reasonable action to remedy such interruption within five (5) Business Days after Tenant actually ceases to use the Premises or such portion, for more than five consecutive business days after gives Landlord written notice from Tenant to Landlord as a result of any Service Interruption thereof and does not caused by Tenantthereafter diligently pursue such remedial action until such interruption has been ended, then Tenant shall be entitled to receive an abatement of Base Rent and Additional Rent payable hereunder for the period beginning on the fifth consecutive business day of such Service Interruption and ending on the day the service is restored; provided that if such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Base Rent and Additional Rent abated shall be prorated in proportion to the percentage of the rentable square footage portion of the Premises that is rendered untenantable or inaccessible. The foregoing right shall not apply if the Service Interruption is due to casualtyfor each day that such untenantable condition continues by reason of such interruption in services. In any eventthe event of a planned interruption of services to perform scheduled repairs or maintenance, Landlord shall give Tenant such prior written notice, not to exceed thirty (30) days, as is reasonable under the circumstances in order that Tenant can take all commercially reasonable steps appropriate precautions to provide alternative power, utility services, HVAC, electrical, plumbing and other services to the Premises, including, but not limited to, providing generators and other temporary services at the Landlord’s sole cost and expense if such Service Interruption was caused by Landlord or Landlord’s employees, agents, contractors or inviteesprotect its work.

Interruption; Delay. Landlord shall have no responsibility or liability for failure or interruption of any such repairs or services referred to in this Article VI, or for any interruption in utility services, caused by breakage, accident, strikes, repairs, inability after exercise of reasonable due diligence to obtain supplies or otherwise furnish services, or for any cause or causes beyond the reasonable control of Landlord (any or all of the foregoing being a “Service Interruption”) (but Landlord, in respect of those matters for which Landlord is responsible, will use reasonable efforts due diligence to restore such services or make such repairs as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service or make such repair shall not be construed as an eviction of Tenant, nor render Landlord liable in damages, nor entitle Tenant to an abatement of Base Rent or Additional Rent, nor release Tenant from the obligation to fulfill any of its covenants under this Lease, except as provided in Articles X and XI with respect to eminent domain and damage by fire or other casualty. Notwithstanding the foregoing, if in the Premisesevent that (i) an interruption of an Essential Service (as said term is hereinafter defined) shall occur due to any cause other than any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a material portion thereofwrongful conduct of Landlord or Landlord’s agents, is made untenantable servants, employees or inaccessiblecontractors, and Tenant actually ceases to use the Premises or (iii) such portion, Service Interruption continues for more than five consecutive business days Business Days after written Landlord shall have received notice thereof from Tenant to Landlord Tenant, and (iv) as a result of any such Service Interruption, the conduct of Tenant’s normal operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption not caused by continues after such five Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption or if Landlord provides an alternative method of said utility delivery or access, then Tenant shall be entitled to receive an the amount of each daily abatement of Base Rent and Additional Rent payable hereunder for shall only be proportionate to the period beginning on nature and extent of the fifth consecutive business day interruption of such Service Interruption and ending on Tenant’s normal operations or ability to use the day the service is restored; provided that if such a Service Interruption renders less than the entire Premises untenantable or inaccessiblePremises. For purposes hereof, the amount of Base Rent and Additional Rent abated term “Essential Services” shall be prorated in proportion to mean the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible. The foregoing right shall not apply if the Service Interruption is due to casualty. In any event, Landlord shall take all commercially reasonable steps to provide alternative power, utility following services, HVAC, electrical, plumbing and other services : access to the Premises, includingwater, but not limited tosewer/septic service, providing generators and other temporary services at the Landlord’s sole cost and expense if such Service Interruption was caused by Landlord or Landlord’s employees, agents, contractors or inviteeselectricity.

Interruption; Delay. Landlord shall have no responsibility or liability for failure or interruption of any such repairs or services referred to in this Article VI, or for any interruption in utility services, caused by breakage, accident, strikes, repairs, inability after exercise of reasonable diligence to obtain supplies or otherwise furnish services, or for any cause or causes beyond the reasonable control of Landlord (any or all of the foregoing being a “Service Interruption”) (but Landlord, in respect of those matters for which Landlord is responsible, will use reasonable efforts to restore such services or make such repairs as soon as possible), nor in any event for any indirect or consequential damages; and failure or omission on the part of Landlord to furnish such service or make such repair shall not be construed as an eviction of Tenant, nor render Landlord liable in damages, nor entitle Tenant to an abatement of Base Rent or Additional Rent, nor release Tenant from the obligation to fulfill any of its covenants under this Lease, except as provided in Articles X and XI with respect to eminent domain and damage by fire or other casualty. Notwithstanding the foregoing, if the Premises, or a material portion thereof, is made untenantable or inaccessible, and Tenant actually ceases to use the Premises or such portion, for more than five consecutive business days after written notice from Tenant to Landlord as a result of any Service Interruption not caused by Tenant, then Tenant shall be entitled to receive an abatement of Base Rent and Additional Rent payable hereunder for the period beginning on the fifth consecutive business day of such Service Interruption and ending on the day the service is restored; provided that if such a Service Interruption renders less than the entire Premises untenantable or inaccessible, the amount of Base Rent and Additional Rent abated shall be prorated in proportion to the percentage of the rentable square footage of the Premises that is rendered untenantable or inaccessible. The foregoing right shall not apply if the Service Interruption is due to casualty. In any event, Landlord shall take all commercially reasonable steps to provide alternative power, utility services, HVAC, electrical, plumbing and other services to the Premises, including, but not limited to, providing generators and other temporary services at the Landlord’s sole cost and expense (and not an Operating Cost) if such Service Interruption was caused by Landlord or Landlord’s employees, agents, contractors or invitees.