Interruption of Access, Use or Services. Landlord shall not be liable for any failure to provide access to the Premises, to assure the beneficial use of the Premises or to furnish any services or utilities to the Premises when such failure is caused by any act of God or the elements; shortage or unavailability of necessary materials, supplies or labor; shortage of or interruption in transportation facilities; riots; civil disturbances; insurrection; war; court order; public enemy; accidents; breakage; strikes; lockouts; other labor disputes; the making of repairs, alterations or improvements to the Premises, the Building or the Project; the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; or by any other condition not entirely within Landlord's reasonable control, and Tenant shall not be entitled to any damages resulting from such failure or to any diminution or abatement in any rent or other amounts payable by Tenant hereunder. Landlord shall take commercially reasonable action to minimize the interruptions so caused and the adverse impact accruing therefrom to the extent reasonably possible. In no event shall such failure be construed as a constructive or other eviction of Tenant. If any governmental authority promulgates or revises any statute, ordinance or building, fire or other code, or imposes mandatory controls or guidelines on Landlord or the Building, the Project or any part thereof, relating to the use or conservation of energy, water, gas, steam, light or electricity or the provision of any other utility or service provided under this Lease, or if Landlord is required to make alterations to the Building or the Project in order to comply with such mandatory controls or guidelines. Landlord may, in its sole discretion, comply with such mandatory controls or guidelines, or make such alterations to the Building and/or the Project. If, at any time, owners of a significant number of the buildings in the Menlo Park/Palo Alto, California area comparable to the Building have elected to comply voluntarily with any request or guideline of any appropriate governmental authority, including, without limitation, the making of alterations to such buildings. Landlord may also comply with such request or guideline. Neither such compliance (as set forth in either of the previous two (2) sentences) nor the making of such alterations shall in any event entitle Tenant to any damages, or any diminution, or abatement in rent or other amoun...
Interruption of Access, Use or Services. Landlord shall not be liable for any failure to provide access to or use of the Premises, or to furnish any services or utilities when such failure is caused by natural occurrences, riots, civil disturbances, insurrection, war, court order, public enemy, accidents, breakage, repairs, strikes, lockouts, other labor disputes, the making of repairs, alterations or improvements to the Premises or the Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies or by any other condition beyond Landlord’s reasonable control, except to the extent any injury, death or damage therefrom is caused by Landlord’s gross negligence or willful misconduct and not covered by the insurance required to be carried pursuant to this Lease, and Tenant shall not be entitled to any damages resulting from such failure, nor shall such failure relieve Tenant of the obligation to pay all sums due hereunder or constitute or be construed as a constructive or other eviction of Tenant. If any governmental entity promulgates or revises any statute, ordinance or building, fire or other code, or imposes mandatory or voluntary controls or guidelines on Landlord or the Building or any part thereof, relating to the use or conservation of energy, water, gas, steam, light or electricity or the provision of any other utility or service provided with respect to this Lease, or if Landlord is required or elects to make alterations to the Building in order to comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Building, neither such compliance nor the making of such alterations shall in any event entitle Tenant to any damages, relieve Tenant of the obligation to pay any of the sums due hereunder, or constitute or be construed as a constructive or other eviction of Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable Laws permitting the termination of this Lease due to such failure or interruption.
Interruption of Access, Use or Services. Landlord shall not be liable for any failure to provide access to the Premises, to assure the beneficial use of the Premises or to furnish any services or utilities when such failure is caused by natural occurrences, riots, civil disturbances, insurrection, war, court order, public enemy, accidents, breakage, strikes, lockouts, other labor disputes, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies, or by any other condition beyond Landlord’s reasonable control, and Tenant shall not be entitled to any damages resulting from such failure. Notwithstanding anything to the contrary contained in this paragraph, if an interruption or cessation of utilities results from the gross negligence
