INTERRUPTION OF ESSENTIAL SERVICES Sample Clauses

INTERRUPTION OF ESSENTIAL SERVICES. In the event of an interruption of any essential service ("essential services" shall be defined as gas, electricity, water, or sewer), Landlord shall use reasonable diligence to restore such service. If there is an interruption in any essential service to the Premises and such interruption is not the result of the negligence or willful misconduct of Tenant, its agents, employees, invitees, visitors, sublessees, or assigns, and such interruption continues for more than five (5) days after receipt by Landlord of written notice from Tenant, Tenant shall be entitled to an abatement of all rent and other sums due hereunder with respect to that portion of the Premises rendered unusable by Tenant until such time as such essential service is restored to an extent that such portion is again rendered usable by Tenant. In addition to the foregoing, Tenant shall have the right to terminate this Lease by giving written notice to Landlord in the event there is an interruption in any essential service that has not been cured within thirty (30) days following the date of the first occurence of such interruption, ten (10) days notice of termination is given to Landlord, and the essential service has not been restored prior to the date for termination given in the notice.

INTERRUPTION OF ESSENTIAL SERVICES. (a) Anything herein contained to the contrary notwithstanding, if (i) for any reason, including, without limitation, Landlord’s acts or omissions or a Force Majeure Event (but specifically excluding for the purposes of this Section 15.3, an event arising under Article XVII, the remedy for which are addressed in such Article), there is a material loss of HVAC, electricity, or water to any portion of the Premises (such event being hereinafter referred to as a “Services Abatement Event”), and such Services Abatement Event renders untenantable (which shall include inaccessible) at least a full floor of the Premises (or, solely with respect to a Services Abatement Event affecting the 2nd Floor Premises, at least thirty-three percent (33%) of the 2nd Floor Premises), and (ii) Landlord receives notice from Tenant of the Services Abatement Event and of the fact that Tenant is prevented from, and (other than with respect to an Elevator Interruption) has actually ceased using one or more full floors of the Premises (or, solely with respect to a Services Abatement Event affecting the 2nd Floor Premises, at least thirty-three percent (33%) of such premises) and of the specific portions of the Premises that Tenant is prevented from, and has actually ceased using (such notice being hereinafter referred to as the “Untenantability Notice”), (iii) for at least (A) five (5) consecutive Business Days after Landlord’s receipt of the Untenantability Notice (or ten (10) consecutive Business Days in the event such untenantability results solely from a Force Majeure Event) (for the purposes of this Section 15.3, Friday and Monday are consecutive Business Days), or (B) at least seven (7) Business Days (whether or not consecutive) in any forty-five (45) day period (or at least fifteen (15) Business Days (whether or not consecutive) in any sixty (60) day period in the event such untenantability results solely from Force Majeure Event) after Landlord’s receipt of the Untenantability Notice, in any case arising out of the same Services Abatement Event (the Business Day following the last Business Day of the foregoing periods, as the case may be, being hereinafter called the “Abatement Commencement Date”), and, except with respect to an Elevator Interruption, as a result of the Services Abatement Event, Tenant actually ceases using, and continues not to use, such specific portions of the Premises (provided that the entry by representatives of Tenant to the affected area that is the sub...

INTERRUPTION OF ESSENTIAL SERVICES. If (i) there shall be, for at least five (5) consecutive business days (after written notice from Tenant to Landlord specifying the failure of services set forth herein) during business hours, with respect to all or substantially all of the Demised Premises, a substantial disruption of any of the following services furnished to the Demised Premises: (a) heat or condenser water, as the case may be (for any period during which Landlord would have been obligated to furnish heat or condenser water, as the case may be pursuant to the terms of this lease), (b) electric service, (c) Building elevator service to the Demised Premises provided there are no working elevator cabs (i.e., if there is one (1) working elevator cab, then this subsection

INTERRUPTION OF ESSENTIAL SERVICES. Notwithstanding anything contained in this Lease to the contrary, if (a) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (b) such Service Interruption occurs or continues as a result of the Landlord's negligent acts or omissions and (c) such Service Interruption continues for more than five (5) Business Days after Landlord shall have received notice thereof from Tenant and (d) as a result of such Service Interruption, the conduct of Tenant's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day's Basic Rent and Escalation Charges otherwise payable hereunder for each day during which such Service Interruption continues beyond such five (5) Business Day period; provided, further, however, that if any part of the Premises is reasonably useable for Tenant's operations

INTERRUPTION OF ESSENTIAL SERVICES. Notwithstanding anything contained in this Lease (including Exhibit E) to the contrary, if (a) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (b) such Service Interruption continues for more than five (5) Business Days after Landlord shall have received notice thereof from Tenant and (c) as a result of such Service Interruption, the conduct of Tenant's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day's Basic Rent for each day during which such Service Interruption continues beyond such five (5) Business Day Period; provided, further, however, that if any part of the Premises is reasonably useable for Tenant's operations or if Tenant conducts all or any part of its operations in the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent shall only be proportionate to the nature and extent of the interruption of Tenant's normal operations. The provisions of this Section 7.6 shall not be binding upon any (a) Mortgagee foreclosing a mortgage on the Property or taking a deed in lieu of foreclosure or (b) any purchaser at or upon foreclosure of a mortgage on the Property. For purposes hereof, the term "Essential Services" shall mean the following services: access to the Premises, telephone service, heating, air-conditioning, water, sewer, and electricity. Landlord, in exercising its rights under this Section 7.6, shall make reasonable efforts to minimize any interference with Tenant's business operations in the Premises. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (a) through (c) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

INTERRUPTION OF ESSENTIAL SERVICES. Notwithstanding anything ---------------------------------- contained in this Lease (including Exhibit E) to the contrary, if (a) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (b) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or

Related to INTERRUPTION OF ESSENTIAL SERVICES

Essential Services For purposes of service restoral, Embarq shall designate a CLEC access line as an Essential Service Line (ESL) at Parity with Embarq’s treatment of its own end users and applicable state law or regulation, if any.
Interruption of Services Tenant agrees that Landlord shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is 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 so to do, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution (any such event, a “Service Failure”) shall never 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. Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, is made untenantable (that is, Tenant cannot conduct its business in such portion) or inaccessible for a period in excess of five (5) consecutive business days as a result of the Service Failure that has been caused by Landlord’s act or omission with respect to matters within Landlord’s control (“Controlled Service Failure”), then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (61 ) consecutive business day of the Controlled Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable or inaccessible by such a Controlled Service Failure, the amount of abatement that Tenant is entitled to receive by reason of such a Controlled Service Failure shall be prorated based upon the percentage of the Premises rendered untenantable or inaccessible and not used by Tenant. Notwithstanding the foregoing, business days during which the Premises or a material portion thereof are untenantable or inaccessible, or during which all or nearly all the Premises are unusable, by reason of a Service Failure which arises from a fire or other casualty which is covered by the provisions of ARTICLE 13 shall in no event be considered in determining whether Tenant is entitled to an abatement of Rent under this Section 8.03 (in such event the provisions of Section 13.01 shall govern Tenant’s rights). In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s property, arising out of or in connection with the failure of any security services, personnel or equipment.
Service Interruption Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee may interrupt Service for the purpose of non-routine repairing or testing the Cable Television System only during periods of minimum use and, when practical, only after a minimum of forty-eight (48) hours notice to all affected Subscribers.
Mail Service Interruption If by reason of any interruption of mail service, actual or threatened, any notice to be given to the Trustee would reasonably be unlikely to reach its destination by the time notice by mail is deemed to have been given pursuant to Section 13.3, such notice shall be valid and effective only if delivered at the appropriate address in accordance with Section 13.3.
Interruption of Use Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services), or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by breakage, repairs, replacements, or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building or Project after reasonable effort to do so, by any riot or other dangerous condition, emergency, accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; and such failures or delays or diminution shall never 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. Furthermore, Landlord shall not be liable under any circumstances for a 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 to furnish any of the services or utilities as set forth in this Article 6.
Service Interruptions The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Interruption of Service If required by Good Utility Practice or Applicable Reliability Standards to do so, the NYISO or Connecting Transmission Owner may require Developer to interrupt or reduce production of electricity if such production of electricity could adversely affect the ability of NYISO and Connecting Transmission Owner to perform such activities as are necessary to safely and reliably operate and maintain the New York State Transmission System. The following provisions shall apply to any interruption or reduction permitted under this Article 9.6.2: 9.6.2.1 The interruption or reduction shall continue only for so long as reasonably necessary under Good Utility Practice; 9.6.2.2 Any such interruption or reduction shall be made on an equitable, non- discriminatory basis with respect to all generating facilities directly connected to the New York State Transmission System; 9.6.2.3 When the interruption or reduction must be made under circumstances which do not allow for advance notice, NYISO or Connecting Transmission Owner shall notify Developer by telephone as soon as practicable of the reasons for the curtailment, interruption, or reduction, and, if known, its expected duration. Telephone notification shall be followed by written notification as soon as practicable; 9.6.2.4 Except during the existence of an Emergency State, when the interruption or reduction can be scheduled without advance notice, NYISO or Connecting Transmission Owner shall notify Developer in advance regarding the timing of such scheduling and further notify Developer of the expected duration. NYISO or Connecting Transmission Owner shall coordinate with each other and the Developer using Good Utility Practice to schedule the interruption or reduction during periods of least impact to the Developer, the Connecting Transmission Owner and the New York State Transmission System; 9.6.2.5 The Parties shall cooperate and coordinate with each other to the extent necessary in order to restore the Large Generating Facility, Attachment Facilities, and the New York State Transmission System to their normal operating state, consistent with system conditions and Good Utility Practice.
Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
No Interruption of Work It is agreed by the Union that there shall be no strikes, walkouts or other interruption of work during the period of this Agreement. It is agreed by the Company that there shall be no lockouts during the period of this Agreement.
LANDLORD'S SERVICES 6.01. Landlord shall: (a) maintain in reasonable condition and repair the roof, foundation, structure, infrastructure, utilities, HVAC, other Building operating systems, exterior and common areas of the Building; (b) furnish reasonable amounts of heat and air-conditioning (.HVAC.) to the Demised Premises from 8:00 a.m. until 6:00 p.m. on Monday through Friday except holidays, and on Saturdays from 9:00 a.m. until 2:00 p.m. upon request. After hours HVAC shall be provided by Landlord upon request of Tenant, so long as all costs of providing such after hours service, as reasonably estimated by Landlord, are borne by Tenant. Irrespective of the foregoing, as to each whole floor occupied by Tenant, in lieu of Saturday HVAC hours, Tenant shall be provided with three hundred (300) free hours of HVAC service per year (pro rated for the first and last lease years) at such times as Tenant may request; however, there shall be no carry over of any unused free hours from one calendar year to the next. Chilled fluid lines shall be available in the Building to permit Tenant to obtain supplemental air conditioning on a twenty-four (24) hour basis, but Tenant shall be responsible for all installation and energy costs associated therewith; (c) provide sufficient elevator service for reasonable access to the Demised Premises; (d) furnish reasonable janitorial services for the Demised Premises; (e) furnish a reasonable amount of electricity for normal office use in the Demised Premises; however, Landlord's agreement to furnish electricity does not include electricity for electrical equipment requiring voltage greater than that supplied by the Building's standard receptacle circuits unless Landlord's prior written consent is obtained, which consent shall not unreasonably be withheld so long as Tenant is responsible for all costs of installation and which consent shall be deemed to have been granted if such requirement is contained in Exhibits! C or C-l of this Lease; (f) furnish in the first floor lobby of the Building a directory of the firm or business names of tenants of the Building: and (g) provide access to hookups to any public or private right-of-ways adjacent to the Land for utilities or other communications systems available to Landlord or Tenant and accessible by Tenant by air or underground at Tenant's sole cost and expense 6.02. If Landlord defaults in the performance or observance of any provision of Paragraph 6.01 (except to the extent permitted under Paragraph 6.04), Tenant shall give Landlord notice specifying in what manner Landlord has defaulted and if such default shall not be cured by Landlord within the period of time provided for elsewhere in this Lease, and otherwise within thirty (30) consecutive days after the delivery of such notice (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for a reasonable additional time, provided that Landlord commences to cure such default within the thirty (30) day period and proceeds diligently thereafter to effect such cure), Tenant may terminate this Lease or pursue any other remedy available at law or in equity to Tenant; provided, however, that if the Demised Premises is not supplied with utilities required pursuant to the terms of this Lease due to circumstances within the control of Landlord for a period in excess of 24 hours after of receipt by Landlord of Tenant's verbal notice of such failure, Tenant may terminate this Lease or pursue any other remedy available at law or in equity. No such termination shall relieve Landlord of its obligations under the Lease, and such obligations shall survive any such termination. No action on the part of Tenant shall limit or prejudice the right of Tenant to obtain the maximum amount of damages allowed by any statute or rule of law related to any such default by Landlord. 6.03. If, in Landlord's opinion, any Tenant shall: (a) use any utility, including but not limited to electricity or water, in an excessive, extravagant or unreasonable manner, Landlord may install meters measuring the quantity of such utility used in the Demised Premises and Tenant, on demand, shall pay Landlord (i) all costs incident to said installation and necessary appurtenances thereto and (ii) additional rent equal to the cost of the utility used at rates equal to the rate that the supplying utility company with its own equipment would then charge Tenant for such service. If this method of furnishing utilities to Tenant is utilized, an adjustment will be made to Operating Expenses under Section 5.02 to reflect Tenant's payment of its own utilities in such a manner as to avoid requiring Tenant to pay more than the excess utilities and its ratable share of normal utilities usage included in Operating Expenses; and (b) require removal of refuse and rubbish in larger quantities or more often than is reasonable in the rendering of janitorial service, Tenant on demand shall pay the removal cost to Landlord. (c) No action will be taken by Landlord under Section 6.03(a) or 6.03

INTERRUPTION OF ESSENTIAL SERVICES Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses

Related to INTERRUPTION OF ESSENTIAL SERVICES