Interruption of Services and Utilities. With respect to interruption of services and utilities to be provided pursuant to this Sublease, Subtenant shall have the remedies available to Sublandlord, as tenant, under the Prime Lease. In connection therewith, Sublandlord represents and warrants that the following provision is in the Prime Lease relating to interruption of services and utilities, which is hereby incorporated into this Sublease to the extent applicable to the Premises and/or Subtenant’s use and enjoyment thereof: “Except as otherwise explicitly set forth herein, Landlord's failure to furnish, or any interruption or termination of, services or utilities due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article 15), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding anything to the contrary contained in this Section 7 or elsewhere in this Lease, in the event there is an interruption, curtailment or suspension of a Building System ("Service Interruption") and (i) if such Service Interruption shall continue for more than five (5) consecutive days; (ii) such Service Interruption shall materially affect the operation of Tenant's business in the Premises and Tenant's back-up generator (if any), has not functioned in such a manner as to permit Tenant to conduct business in a customary manner within all or the affected material part of the Premises and; (iii) such Service Interruption has not been caused by an act of Tenant or Tenant's servants, employees or contractors, then, Tenant shall be entitled to an equitable abatement of Base Rent and Additional Rent (based on the square footage of the Premises subject to the Service Interruption and the extent of the affect on Tenant's business) beginning on the sixth (6th) consecutive day of such Service Interruption and ending on the date such Service Interruption ceases. Similarly, if during the course of any particular Lease Year, there have occurred days of Service Interruptions which have bee...
Interruption of Services and Utilities. Notwithstanding anything to the contrary contained herein, Landlord shall be liable for interruption or diminution of utility services to the Premises only if, by act or omission, such interruption or diminution is caused solely by Landlord, its officers, directors, shareholders, employees, agents, licensees, invitees, contractors and/or others acting on behalf of, or at the direction of Landlord.
Interruption of Services and Utilities. Section 7.01. Landlord shall not be liable to Tenant for any necessary interruption, curtailment, stoppage or suspension of services and utilities to be furnished by Landlord when by reason of accident or emergency suspension of utility service by governmental regulation or for repairs, alterations, replacements or improvements desirable or necessary in the reasonable judgment of Landlord, or for any cause beyond the control of Landlord. In the event of any such interruption, curtailment, stoppage or suspension, Landlord shall provide reasonable notice to Tenant and shall use due diligence so as not to unreasonably disturb Tenant's use and occupancy of the Premises. There shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to Landlord hereunder, and Tenant's obligations hereunder shall not be affected or reduced, on the expressed condition that, Landlord shall use its best efforts with reasonable notice at reasonable times to restore any services or utilities so interrupted, curtailed, stopped or suspended. Notwithstanding anything herein, if any service or utility is interrupted, for more than five (5) consecutive days for any reason, fixed annual rent and Tenant's other monetary obligations to Landlord shall xxxxx until the service or utility is restored and if such interruption curtailment, stoppage or suspension continues for 60 consecutive days Tenant may terminate this lease.
Interruption of Services and Utilities. Landlord shall not be liable for the interruption, curtailment, stoppage or suspension of services and utilities to be furnished by Landlord pursuant to Paragraphs 5 and 6 above when necessary by reason of accident or emergency or suspension of utility services or when necessary for repairs, alterations, replacements or improvements desirable or necessary in the reasonable judgment of Landlord or for any cause beyond the control of Landlord. In the event of any such interruption, curtailment, stoppage or suspension, there shall be no diminution or abatement of rent, additional rent or other charges due from Tenant to Landlord hereunder, Tenant's obligations hereunder shall not be affected or reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage or suspension; however, Landlord shall exercise reasonable diligence to restore any services or utilities so interrupted, curtailed, stopped or suspended.
Interruption of Services and Utilities. With respect to services or utilities, if any, to be furnished by Landlord to Tenant under this Lease, Landlord shall in no event be liable for failure to furnish the same when Landlord is prevented from doing so (a) by strike, lockout, breakdown, accident, order or regulation of or by an governmental authority, or failure of supply, (b) by reason of the making of repairs or alterations which Landlord is required or is permitted by this Lease or by law to make or in good faith deems necessary, (c) by inability after the exercise of reasoxxxxx xxxxxence to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, (d) by any other cause beyond Landlord's reasonable control (but not including any lack of available funds on the part of the Landlord), or (e) by any cause due to any act or neglect of Tenant or Tenant's servants, agents, employees, licensees or any person's claiming by, through or under Tenant. Notwithstanding anything to the contrary herein, if any material services or utilities supplied by Landlord are interrupted then Landlord shall use its best efforts to cause the restoration of such services and if such interruption lasts for more than forty-eight (48) hours, then Base Rent shall be suitably abated to reflect the diminution in value of the Leased Premises arising from the lack of the utility service in question.
Interruption of Services and Utilities. Landlord shall in no event be liable for any interruption in, failure of, or discontinuance of services or utilities to the Building or the Leased Premises for any reason, including, without limitation, when such services or utilities are interrupted (a) by strike (not limited to Landlord or its business operations), lockout, breakdown, accident, order or regulation of or by an governmental authority, or failure of supply, (b) by reason of the making of repairs or alterations which Landlord is required or is permitted by this Lease or by law to make or in good xxxxx xxxxx necessary (but any such work shall, to the extent feasible, be performed at times and in a manner that will minimize interference with Tenant's use and occupancy of the Leased Premises); (c) by inability to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, (d) by any other cause beyond Landlord's reasonable control, or (e) by any cause due to any act or neglect of Tenant or Tenant's servants, agents, employees, licensees or any persons claiming by, through or under Tenant In addition, no such interruption in, failure of, or discontinuance of any such services or utilities shall be considered as an eviction or disturbance of Tenant's occupancy of the Leased Premises, relieve Tenant from its obligations under this Lease, or entitle Tenant to any offset rights or any other rights or remedies against Landlord.
Interruption of Services and Utilities. Except as to the extent specifically provided herein, Landlord shall not be liable for, and Tenant shall not be entitled to any reduction of, the Base Monthly Rent, Additional Rent or any other Rent payable hereunder by reason of Landlord's failure to make available any of the services or utilities described in this Lease, when such failure or interruption is caused by acts of God, accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes, 12/18/94 Landlord Initials /s/ ----- Tenant Initials /s/ -----
Interruption of Services and Utilities. Landlord shall not be liable for, and Tenant shall not be entitled to any reduction of the Minimum Annual Rent or of the Additional Rent on account of Tenant's failure to receive any utility service on account of accident, breakage, when such failure is caused by acts of God, war, repairs, strikes, lockouts or other labor disturbances or disputes, unavailability of materials or labor, or by any other cause whatsoever, or by rationing or restrictions on the use of said services and utilities due to energy shortages, war or any other reason, or the making of repairs, alterations or improvements to the Demised Premises or Building. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish or receive any of the foregoing services or utilities, and Tenant shall not be relieved of its obligation to pay the full Minimum Annual Rent or any Additional Rent by reason thereof.
Interruption of Services and Utilities. Except as set forth in Articles 11 and 13, Landlord shall not be liable for, and Tenant shall not be entitled to any reduction of, the Base Monthly Rent, Additional Rent or any other Rent payable hereunder by reason of Landlord's failure to make available any of the services or utilities described in this Lease, when such failure or interruption is caused by acts of God, accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes, necessary repairs, installations, construction and expansion, nonpayment of utility charges due from Tenant, or by reason of governmental regulation, statute, ordinance, restriction or decree or any other similar cause. Notwithstanding the foregoing, Landlord shall be responsible for the consequences of Landlord's own negligence or intentional misconduct. Furthermore, unless due to Landlord's negligence or intentional misconduct, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, Tenant's business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the foregoing services or utilities. Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for the foregoing damages from any cause arising at any time.
Interruption of Services and Utilities. In no event shall Sublessor be liable for any damages associated with any interruption, delay, or failure in the furnishing of any service or utilities to the Subleased Premises, nor shall any such interruption, delay, or failure be considered or construed as an actual or constructive eviction of Tenant, nor in any way operate to release Tenant from the performance of Tenant’s obligations under this Agreement, including, without limitation, the prompt and punctual payment of Rent; provided, however, if Sublessor receives an abatement of any rent payable by Sublessor under the Lease as a result of any such interruption, delay, or failure in the furnishing of any service or utilities to the Subleased Premises, then Tenant shall receive a corresponding proportional abatement of Rent payable by Tenant under this Agreement.,
