Interruption in Services. Notwithstanding any provision of Section 8.3, above, to the contrary, in the event that (i) the supply of hot and cold water, HVAC service, electrical service, and/or (if applicable) elevator service for a minimum of one (1) elevator (each an “Essential Service”) to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord’s reasonable control, such as a general electrical outage or blackout), and (ii) such interruption continues for a period exceeding five (5) consecutive business days after Tenant first notifies Landlord of such interruption in writing and (iii) as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any applicable portion thereof, then from and after such fifth (5th) consecutive business day, Tenant shall be entitled to xxxxx its Base Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and is in fact not used) until such time as the applicable Essential Service is restored. The foregoing shall constitute Tenant’s sole and exclusive remedy in the event of an interruption of services to the Premises In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (Or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord’s negligence or misconduct), then Tenant shall have the right to exercise its right of self-help as more fully set forth in Section 34.4, below (subject to any provisions therein requiring notice and the opportunity to cure), and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord.
Interruption in Services. The Landlord has the right to stop the use of any facilities and the supply of any services when necessary by reason of accident or during the making of repairs, replacements, alterations or improvements, in the judgment of the Landlord necessary or desirable to be made, until the repairs, replacements, alterations or improvements have been completed to the satisfaction of the Landlord provided that the Landlord shall use commercially reasonable efforts to minimize any interference with the Tenant’s use and enjoyment of the Premises, both as to the extent and duration of such interference. The Landlord shall have no responsibility or liability for failure to operate any facilities or supply any services when the use of the facility is stopped as aforesaid or when the Landlord is prevented from using the facility or supplying the service by strike, or by orders or regulations of any governmental authority or agency or by failure of the electric current, gas, steam or water supply necessary to the operation of any facility or by the failure to obtain such a supply or by any other cause beyond the Landlord’s reasonable control.
Interruption in Services. Landlord shall not be in default hereunder nor be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated (except as provided herein), for any interruption of or diminution in the quality or quantity of Building Services, including, without limitation, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, or other form of energy serving the Premises, any Building or the Project; (c) by any accident or casualty; (d) by act or Default by Tenant or other parties; or (e) by Force Majeure. No failure, delay or diminution in Building Services shall ever be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent (except as provided herein) or performing any of its obligations under this Lease. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to, or interference with, Tenant’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure, delay or diminution of any Building Services.
Interruption in Services. Except as expressly provided below or as otherwise provided in this Lease, failure by Landlord to furnish any of the facilities, utilities or services required to be provided by Landlord hereunder, or any cessation in the furnishing of same, shall not render Landlord liable in any respect for damages, nor be construed as an eviction by Landlord, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereunder; provided that in any such event Landlord shall exercise best efforts to remove the cause of the failure or cessation and restore the service promptly. If for any reason or cause of any kind or nature whatsoever, other than any governmentally mandated energy or utility conservation program or any damage to the Premises or the Building or Building Systems caused by Tenant willfully, the Premises or any part thereof shall become untenantable as a result of any such failure or cessation and such condition shall continue for at least three (3) full consecutive business days after Tenant shall notify Landlord of such condition, then all Rent shall xxxxx as to such untenantable portion from, after and including the later of (a) the inception of such condition, or (b) the date occurring ten (10) days prior to the commencement of such three (3) day period, until such time as the same becomes tenantable again, provided that if Tenant shall, or could without unreasonable adverse effect on Tenant’s operations, continue to occupy and use such untenantable portion of the Premises such Rent shall xxxxx only to the extent fair and equitable under the circumstances. In the event that more than one-fourth (1/4) of the Rentable Area in the Premises is rendered untenantable as a result of any such failure or cessation and such condition shall continue for more than one hundred eighty (180) days for any reason other than any governmentally mandated energy or utility conservation program or damage by fire or other casualty not caused by Landlord or Tenant willfully, Tenant shall have the right to cancel this Lease as to either the entire Premises or the portion rendered untenantable provided notice of such cancellation is given to Landlord prior to the entire Premises being rendered tenantable. Without limiting the generality of the term “untenantable,” any portion of the Premises (y) which is not in whole or in part served with any facilities and services which are required to be provided by Landlord under this Lease and which are...
Interruption in Services. Unless caused by the negligence or willful misconduct of Landlord, Landlord shall not be in default hereunder nor be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated, for any interruption of or diminution in the quality or quantity of Utilities or Building Services, when the same is occasioned, in whole or in part, by (a) repairs, replacements, or improvements; (b) by any strike, lockout or other labor trouble; (c) by inability to secure or limitation, curtailment, or rationing of, or restrictions on, use of electricity, gas, water, or other form of energy serving the Premises, the Building or the Project; (d) by any accident or casualty; (e) by act or Default by Tenant or other parties; or (f) by any other cause beyond Landlord’s reasonable control. 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 of Utilities or failure to furnish any Building Services. No failure, delay or diminution in Utilities or Building Services shall ever be deemed to constitute an eviction or disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except for a failure of Landlord to supply Building Services as a result of Landlord’s negligence or willful misconduct that materially interferes with the operation of Tenant’s business, and which would not be covered under a standard business interruption insurance policy. Furthermore, Landlord shall not be liable under any circumstances for loss of, or injury to, property or for injury to, or interference with, Tenant’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure of Utilities or failure to furnish Building Services.
Interruption in Services. Section 8.3, above, to the contrary notwithstanding, in the event that the supply of hot and cold water, HVAC Services, electricity or elevator service (hereinafter, each an "Essential Service" and collectively "Essential Services") to the Premises is interrupted as a result of the negligence or willful misconduct of Landlord, or its agents, employees or contractors (and not as a result of any cause beyond Landlord's reasonable control, such as a general electrical outage or blackout) and such interruption continues for a period exceeding three (3) consecutive business days after Tenant first notifies Landlord of such interruption, and as a result thereof Tenant is unable to and does not in fact conduct business from the Premises or any portion thereof, then from and after such third (3rd) consecutive business day, Tenant shall be entitled to xxxxx its Rent and additional rent obligations hereunder as to the Premises or portion thereof which is not usable (and not used) until such time as the applicable Essential Service(s) are restored. The foregoing shall constitute Tenant's sole and exclusive remedy in the event of an interruption of Essential Services to the Premises. In addition, if Landlord fails promptly to commence, and to use diligent efforts thereafter, to cure (or to cause the applicable utility provider to cure) the applicable interruption or failure (even if not caused by Landlord's negligence or misconduct), then Tenant shall have the right to exercise self-help as more fully set forth in Section 34, below, and all reasonable expenses incurred by Tenant in the exercise of such right shall be recoverable by Tenant from Landlord. If Tenant is self-managing the Building, Tenant shall not be considered an agent or contractor of Landlord.
Interruption in Services. Landlord shall not be liable for, and, except to the extent that Landlord receives rent interruption insurance proceeds, Tenant shall not be entitled to any abatement or reduction of Rent by reason of, no eviction of Tenant shall result from and, further, Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of any interruption of any of the foregoing services or utilities.
Interruption in Services. (a) In the event Coty is prevented from providing Transition Services in whole or in part, or if the Transition Services are interrupted or suspended, in either case by reason of any event set forth in Section 8(b) hereof, Coty shall not be required to deliver such Transition Services during such periods, provided that Coty has provided Ascendia with written notice of the interruption as soon as is reasonably practicable in the circumstances, explaining the reason, purpose and likely duration thereof.
(b) None of the parties hereto shall be responsible for any delay in the performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, wars, riots, rebellions, blockages, acts of governments, acts of terrorism, governmental requirements and regulations, restrictions imposed by law or any other similar conditions, beyond the reasonable control and without the fault, gross negligence willful misconduct or bad faith of such party, and the time for performance by such party shall be extended by the period of such delay.
(c) In the event Coty’s obligation to perform Transition Services is suspended pursuant to this Section, Ascendia’s obligation to pay the applicable Service Fees shall be correspondingly abated.
Interruption in Services. Performance by any Party shall be suspended and such Party shall not be liable in damages or otherwise for any delay in performing or failure to perform its obligations under this Agreement if such delay or failure is caused in whole or part by force majeure, including acts of God, war or insurrection, strike, fire, flood, telecommunications or other electronic modes of communication or power interruption or failures, work stoppage, inability to obtain materials or any other event beyond the reasonable control of such Party.
Interruption in Services. Notwithstanding anything contained in Section 11 of the Lease to the contrary, if any interruption of utilities or services shall continue for more than three (3) consecutive business days and shall render any portion of the Premises unusable for the normal conduct of Tenant's business, and if Tenant does not in fact use or occupy such portion of the Premises, then all Base Rent and additional rent payable hereunder with respect to such portion of the Premises which Tenant does not occupy shall be abated from and after such third (3rd) business day of such interruption and such abatement shall continue until full use of such portion of the Premises is restored to Tenant. Except in the case of emergency, the Landlord will give Tenant at least two (2) business days' prior notice if Landlord intends to interrupt any services required to be furnished by the Landlord that may unreasonably interfere with Tenant's occupancy of the Premises.
