Common use of Interruption of Access, Use or Services Clause in Contracts

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 amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by the applicable governmental authorities or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumed.

Interruption of Access, Use or Services. Landlord shall not be liable for any failure to provide access to or use of 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 materialsnatural occurrences, supplies or labor; shortage of or interruption in transportation facilities; 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, the Building Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; supplies or by any other condition not entirely within beyond Landlord's ’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 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 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 authority 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, the Project 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 under with respect to this Lease, or if Landlord is required or elects 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 voluntary controls or guidelines, or make such alterations to the Building and/or the Project. IfBuilding, 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 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 relieve Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable governmental authorities Laws permitting the termination of this Lease due to such failure or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumedinterruption.

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 materialsnatural occurrences, supplies or labor; shortage of or interruption in transportation facilities; 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, the Building Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; supplies or by any other condition not entirely within beyond 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 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 authority 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, the Project 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 under with respect to this Lease, or if Landlord is required or elects to make alterations to the Building or the Project in order to comply with such mandatory or voluntary controls or guidelines. , Landlord may, in its sole discretion, comply with such mandatory or voluntary 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 guidelineBuilding. 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 relieve Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by the applicable governmental authorities or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumed.

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 utilities, whether or not any such failure is caused by any act of God or the elements; shortage or unavailability of necessary materialsnatural occurrences, 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 Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; , failure of any Building systems or equipment to operate due to the 105 inability of any computer-controlled facility components to process date/time data, including the transition from the year 1999 to the year 2000, or by any other condition condition, whether or not entirely within beyond 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 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 authority 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, the Project 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 under with respect to this Lease, or if Landlord is required or elects to make alterations to the Building or the Project in order to comply with such mandatory or voluntary controls or guidelines. , Landlord may, in its sole discretion, comply with such mandatory or voluntary 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 guidelineBuilding. 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 relieve Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by the applicable governmental authorities or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumed.

Interruption of Access, Use or Services. The Landlord shall not be liable for any failure to provide interruption of access to the Premises, to assure Premises or of the beneficial use of the Premises or to furnish of any services or utilities to the Premises when such failure interruption is caused by any act of God or the elements; shortage or unavailability of necessary materialsnatural occurrences, supplies or labor; shortage of or interruption in transportation facilities; riots; , civil disturbances; , insurrection; , war; , court order; orders, public enemy; , accidents; , breakage; , repairs, electrical voltage fluctuations, strikes; , lockouts; , other labor labour disputes; , the making of inspections, repairs, alterations alterations, renovations or improvements to the Premises, the Building Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor labour or other supplies; Y2K problems; supplies or if required by insurers or if caused by any other condition not entirely within beyond the Landlord's reasonable control, or by delays in the performance of any work for which the Landlord is responsible under this Lease, and the Tenant shall not be entitled to any damages resulting from such failure, nor shall failure relieve the Tenant from its obligation to pay all sums due hereunder or to any diminution constitute 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 the Tenant. If any governmental authority entity promulgates or revises any statute, statute or ordinance or building, fire or other code, or imposes mandatory or voluntary controls or guidelines on the Landlord or the Building, the Project 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 under this Leasewith respect to the Premises, or if the Landlord is required or elects 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 limitationtherewith, the making of alterations to such buildings. Landlord may also comply with such request or guideline. Neither do so; and 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 the Tenant to any damages, or relieve the Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of the Tenant. Tenant ; and the Landlord shall comply with all mandatory rulesnot be in breach of its covenant for quiet enjoyment or liable for any loss, regulations and requirements promulgated costs or damages, whether direct or indirect, incurred by the applicable governmental authorities or utility companies concerning Tenant due to any of the use of utility foregoing, but the Landlord shall make reasonable efforts to restore the services, including any rationingutilities or systems so stopped, limitation interrupted or reduced. The Landlord shall not be liable for damages, direct, indirect or consequential or for damages for personal discomfort, illness or inconvenience of the Tenant or the Tenant's servants, employees, invitees or other control on persons by reason of the quantity failure of utilities consumedthe Building Systems or any of them including without limitation the elevators and HVAC Systems or by reason of reasonable delays in the performance of the obligations of the Landlord hereunder whether or not such equipment failure or delays are caused by the deliberate act or omission or the negligence of the Landlord, its servants, agents or employees.

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 materialsnatural occurrences, supplies or labor; shortage of or interruption in transportation facilities; 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, the Building Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; supplies or by any other condition not entirely within beyond Landlord's ’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 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 authority 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, the Project 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 under with respect to this Lease, or if Landlord is required or elects to make alterations to the Building or the Project in order to comply with such mandatory or voluntary controls or guidelines. , Landlord may, in its sole discretion, comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Building and/or the Project. IfBuilding; provided, at any timehowever, owners of a significant number that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access to and use of the buildings Premises during Tenant’s normal business hours 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 guidelineconnection therewith. 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 relieve Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by the applicable governmental authorities or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumed.

Interruption of Access, Use or Services. Landlord shall not be liable for any failure to provide access to or use of 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 materialsnatural occurrences, supplies or labor; shortage of or interruption in transportation facilities; 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, the Building Premises or the Project; Building, the inability to obtain an adequate supply of fuel, gas, steam, water, electricity, labor or other supplies; Y2K problems; supplies or by any other condition not entirely within 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 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 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 authority 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, the Project 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 under with respect to this Lease, or if Landlord is required or elects 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 voluntary controls or guidelines, or make such alterations to the Building and/or the Project. IfBuilding, 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 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 relieve Tenant of the obligation to pay any diminutionof the sums due hereunder, or abatement in rent or other amounts payable by Tenant under this Lease or constitute or be construed as a constructive or other eviction of Tenant. Tenant shall comply with all mandatory rules, regulations and requirements promulgated by hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable governmental authorities Laws permitting the termination of this Lease due to such failure or utility companies concerning the use of utility services, including any rationing, limitation or other control on the quantity of utilities consumedinterruption.