Common use of Interruption of Service Clause in Contracts

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord Landlord, reasonably exercised exercised, desirable or necessary, or when prevented from supplying such services or use due to any act willful misconduct, neglect or neglect breach hereof on the part of Tenant or Tenant’s agents employeesagents, employees or contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease anything to the contrarycontrary contained herein, if any essential services (i) a curtailmentsuch as HVAC, suspensionelectricity, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occurwater, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues passenger elevators if necessary for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: reasonable access to the Premises, water etc.) supplied by Landlord are interrupted rendering a material portion of the Premises untenantable, or if a material portion of the Premises are rendered untenantable in whole or in part as a result of a default by Landlord, a constructive eviction, contamination of the Premises, Building or Property, or any other cause, and sewer/septic service and electricitysuch untenantability does not result in whole or in part from the negligence, air conditioning and heatingwillful misconduct or breach hereof on the part of Tenant, but only its employees, contractors, or agents, Tenant shall be entitled to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any equitable abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to beginning on the period after each day a material portion of the conditions set forth Premises were first rendered untenantable in clauses (i) through (iv) above whole or in part. The abatement shall have been satisfied end when tenantability is restored by Landlord and only during Tenant is able to use the entire Premises to conduct its business operations therein. During any such times as each of such conditions untenantability, Landlord shall existuse commercially reasonable efforts to restore the services and render the entire Premises tenantable.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five three (53) consecutive Business Days days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, Escalation Charges for each day during which such Service Interruption continues after such five three (53) Business Day consecutive 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 business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bparagraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.shall

Interruption of Service. Lessor does not warrant that the services provided for in Sections (aA) Landlord reserves and (B) hereof shall be free from any slowdown, interruption or stoppage pursuant to voluntary agreement by and between Lessor and governmental bodies and regulatory agencies, or caused by the right to curtailmaintenance, suspendrepair, interrupt and/or stop substitution, renewal, replacement or improvement of any of the supply equipment involved in the furnishing of water, sewage, electrical current, cleaning, and other any such services, and to curtail, suspend, interrupt and/or stop use or caused by changes of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairsservices, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materialslabor controversies, fuel shortages, accidents, laws Acts of God or ordersthe elements or any other cause not due to the willful misconduct or negligence of Lessor, or inabilityotherwise beyond the reasonable control of Lessor; and specifically, by exercise no such slowdown, interruption or stoppage of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not ever be construed as an eviction of Tenanteviction, actual or constructive, of Lessee, nor entitle Tenant to an shall same cause any abatement of rent, nor to render the Landlord liable Basic Rental or Additional Rental payable hereunder of in damages, nor release Tenant any manner or for any purpose relieve Lessee from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding obligations hereunder, excepting, however, Basic Rental shall abatx xx the foregoing, or any provision event of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or total stoppage of an Essential Service (as hereinafter defined) shall occurheating, except any ventilation and air conditioning or electric service for a period in excess of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord business days, in which event the abatement shall have received written notice thereof extend from Tenant, and (iv) the date of the stoppage until the date service is restored. In no event shall Lessor be liable for damage to persons or property or be in default hereunder as a result of such Service Interruptionany slowdown, the conduct of Tenant’s normal business operations interruption or stoppage except in the Premises are materially and adversely affectedcase of gross negligence or willful or wanton misconduct of Lessor, then there shall be an abatement of one day’s Basic Rent and Additional Rentits officers, for each day during which such Service Interruption continues after such five (5) Business Day period; providedemployees, however, that if any part of the Premises is reasonably useable for Tenant’s normal guests or business operations or if Tenant conducts all or any part of its business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability invitees. Lessor agrees to use reasonable diligence to resume the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide servicesservice upon any such slowdown, and Landlord shall not otherwise be liable for any loss interruption or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall existstoppage.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) . Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except Landlord ceases to furnish any utility service to be provided by Landlord hereunder that is necessary for use of the same due to any act or neglect Premises for a period in excess of fifteen (15) consecutive days after Tenant or Tenant Party or any person claiming by, through or under Tenant notifies Landlord of such cessation (any such interruption of an Essential Service being hereinafter referred to as a the “Service InterruptionInterruption Notice”), ; (ii) such Service Interruption occurs or continues as a result of cessation is caused by the negligence or willful misconduct of Landlord or Landlord’s , its agents, servants, employees or contractors, ; (iii) such Service Interruption continues for more than five cessation is not caused by a fire or other casualty (5) consecutive Business Days after Landlord in which case Section 11 shall have received written notice thereof from Tenant, control); and (iv) as a result of such Service Interruptioncessation, the conduct of Tenant’s normal business operations Premises or a material portion thereof, is rendered untenantable and Tenant in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability fact ceases to use the Premises. The rights granted to Tenant under this Section 7.6(b) , or material portion thereof, then Tenant, as its sole remedy, shall be Tenantentitled to receive a proportionate abatement of Base Rent payable hereunder during the period beginning on the sixthteenth (16th) consecutive day following Landlord’s sole receipt of the Interruption Notice and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall ending on the day when the service in question has been restored. In the event the entire Premises has not otherwise be liable for any loss or damage suffered or sustained been rendered untenantable by Tenant resulting from any failure or the cessation of services. For purposes hereofin service, the term “Essential Services” amount of abatement that Tenant is entitled to receive shall mean be prorated based upon the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each percentage of the conditions set forth in clauses (i) through (iv) above shall have been satisfied Premises so rendered untenantable and only during such times as each of such conditions shall existnot used by Tenant.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in PARAGRAPH (B) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in PARAGRAPH (B) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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”"SERVICE INTERRUPTION"), and (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Additional Rent, Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bIn the event of a (a) Service Interruption that continues for 180 days after Landlord shall be have received notice thereof from Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss (b) occurs or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each continues as a result of the conditions set forth in clauses negligence or a wrongful conduct of the Landlord or Landlord's agents, servants, employees or contractors, and (ic) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.a result of

Interruption of Service. Landlord shall not be responsible in any manner for any suspension, interruption or curtailment of any services or utilities to the Premises (a) Landlord reserves an "INTERRUPTION"), regardless of the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaningcause thereof, and other servicesno such suspension, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, interruption or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due curtailment shall give rise to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or claim for abatement of rent or other compensationcompensation to Tenant from Landlord, nor shall Tenant claim any direct, indirect or consequential damages shall or will be claimed by Tenant as a result ofconstructive eviction on account thereof, nor shall this Lease or any of the obligations obligation of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereofthereby. The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or if Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any provision of this Lease to Abatement Event, as defined below, and if such Abatement Event continues beyond the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service "Eligibility Period" (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”that term is defined below), (ii) such Service Interruption occurs or continues as a result of then the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional RentTenant's other monetary obligations to Landlord shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for each day during which such Service Interruption time that Tenant continues after such five (5) Business Day periodto be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that if any part Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is reasonably useable for Tenant’s normal not sufficient to allow Tenant to effectively conduct its business operations or therein, and if Tenant conducts all or any part of does not conduct its business operations in any part from such remaining portion, then for such time after expiration of the Premises notwithstanding such Service InterruptionEligibility Period during which Tenant is so prevented from effectively conducting its business therein, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.and

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as otherwise set forth in Section 7.6(b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as otherwise expressly provided in this Lease, the failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentRent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Notwithstanding anything herein to the contrary, in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof and, except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except if any of the same is due to any act or neglect of Tenant or Tenant Party Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or is an event which is covered by the provisions of Article 11 of this Lease (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 is within the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure reasonable control of Landlord to provide services, remedy (and Landlord shall is not otherwise be liable for impeded by reason of any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereofForce Majeure), the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.and

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five fifteen (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.15)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the BuildingBuildings, or other portions of the Property, provided that, except in the event of any emergency, Landlord shall provide Tenant with at least seven (7) days prior notice before taking any such action, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord reasonably exercised desirable or necessaryLandlord’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 10 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five thirty (530) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five thirty (530) 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 business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bparagraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder under this paragraph shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses subsections (i) through (iv) above hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five fifteen (515) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Additional Rent, Rent on account of Operating Expenses and Taxes for each day during which such Service Interruption continues after such five fifteen (515) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Rent on account of Operating Expenses and Taxes shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bparagraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “"Essential Services” " shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder on account of Operating Expenses and Taxes under this paragraph shall apply only with respect to Basic Rent and Additional Rent on account of Operating Expenses and Taxes allocable to the period after each of the conditions set forth in clauses subsections (i) through (iv) above hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord Landlord, reasonably exercised exercised, desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. No If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord's control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant's business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Additional Rent, Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bparagraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “"Essential Services” " shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder under this paragraph shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses subsections (i) through (iv) above hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord reasonably exercised desirable or necessaryLandlord’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing. In exercising its rights under this Section 10.4, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as make a result of such Service Interruption, the conduct of commercially reasonable effort not to materially interfere with Tenant’s normal business operations in the Premises are materially use and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part occupancy of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall existthereto.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s commercially reasonable judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord reasonably exercised desirable or necessaryLandlord’s commercially reasonable judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure Landlord shall use commercially reasonable efforts to minimize interruption of Tenant’s business. Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to either of the BuildingBuildings, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents agents, employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 negligent acts or willful wrongful misconduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five seven (57) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.such

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of anything contained in this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as hereinafter said term is hereafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party 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 willful misconduct a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five thirty (530) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal business operations in the Premises are we materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five thirty (530) Business Day Days period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its business operations in any part portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(bparagraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “"Essential Services” " shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under Under this Lease. Any abatement of Basic Rent and Additional Rent hereunder under this paragraph shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses subsections (i) through (iv) above hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a an interruption or curtailment, suspension, interruption and/or suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of to the same extent due to (x) any negligent act or neglect of Tenant or Tenant Party Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or (y) a casualty covered under Article 11 below (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 is the consequence of the Landlord’s negligence or willful misconduct misconduct, the restoration of Landlord or which is within Landlord’s agents, servants, employees or contractors, reasonable control and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement so long as no uncured Event of one day’s Default then exists under this Lease, all Basic Rent and Additional Rent, Rent due hereunder with respect to the materially adversely affected portion of the Premises shall be abated for each day during which such Service Interruption continues after such five the period beginning on the sixth (56th) Business Day period; providedof such failure and shall continue until the applicable Essential Service is restored to a level that the material, howeveradverse effect is eliminated. For purposes hereof, that if any part “Essential Services” shall mean the provision of (A) water and sanitary sewer, (B) electricity in amounts required under this Lease, and (C) access to the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate elevator service to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) hereunder shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide servicesEssential Services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord reasonably exercised desirable or necessaryLandlord’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding the foregoing, or any provision of this Lease to the contrary, if (i) a curtailment, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord reasonably exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power. No Except as otherwise set forth in Section 7.6(b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. The Except as otherwise expressly provided in this Lease, the failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentRent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) . Notwithstanding the foregoing, or any provision of this Lease anything herein to the contrary, if (i) a curtailmentin each instance of stoppage, suspension, interruption and/or stoppage of an Essential Service (as hereinafter defined) Landlord shall occurexercise reasonable diligence to eliminate the cause thereof and, except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any of the same due contemplated stoppage and will use reasonable efforts to any act or neglect of Tenant or Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), (ii) such Service Interruption occurs or continues as a result of the negligence or willful misconduct of Landlord or Landlord’s agents, servants, employees or contractors, (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Additional Rent, for each day during which such Service Interruption continues after such five (5) 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 business operations in any part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted avoid unnecessary inconvenience to Tenant under this Section 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of servicesreason thereof. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in clauses (i) through (iv) above shall have been satisfied and only during such times as each of such conditions shall exist.ACTIVE/91437610.6