Common use of Interruption of Services and Utilities Clause in Contracts

Interruption of Services and Utilities. No damages, compensation, or claim shall be payable by Landlord, and this Lease and the obligations of Tenant to perform all of its covenants and agreements hereunder shall in no way be affected, impaired, reduced, or excused, in the event that there shall be an interruption, curtailment, or suspension of the Building’s HVAC, utility, sanitary, elevator, water, telecommunications, security (including equipment devices and/or personnel, if any), or other Building systems serving the Premises or any other services required of Landlord under this Lease (an “Interruption of Services”), by reason of: (i) any casualty, including casualty caused by fire, war, terrorism, and bioterrorism (“Casualty”); (ii) an accident; (iii) an emergency; (iv) shortages of labor or materials; or (v) any other causes of any kind whatsoever that are beyond the control of Landlord, including, but not limited to: (A) lack of access to the Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a Casualty; (E) disruption of telephone and telecommunications services to the Building or the Premises resulting from a Casualty; or (F) blockages of any windows, doors, or walkways to the Building or the Premises resulting from a Casualty. Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to effect an Interruption of Service, as required by this Lease or by law, or as Landlord in good xxxxx xxxxx advisable, whenever and for so long as may be necessary, to make repairs, alterations, upgrades,

Interruption of Services and Utilities. No damages, compensation, Unless resulting from the willful misconduct or claim shall be payable by gross negligence of Landlord, it is understood and this Lease and the obligations agreed that Landlord shall not have any liability whatsoever to Tenant as a result of Tenant Landlord's failure or inability to perform all of its covenants and agreements hereunder shall in no way be affected, impaired, reduced, or excused, in the event that there shall be an interruption, curtailment, or suspension furnish any of the Building’s HVAC, utility, sanitary, elevator, water, telecommunications, security (including equipment devices and/or personnel, if any), utilities or other Building systems serving the Premises or any other services required of to be furnished by Landlord under this Lease (an “Interruption of Services”)hereunder, by reason of: (i) any casualtywhether resulting from breakdown, including casualty caused by fireremoval from service for maintenance or repairs, warstrikes, terrorism, and bioterrorism (“Casualty”); (ii) an accident; (iii) an emergency; (iv) shortages scarcity of labor or materials; , acts of God, governmental requirements or (v) from any other causes of any kind whatsoever cause whatsoever. In the event that are beyond the control of Landlord, including, but not limited to: (A) lack of access Landlord fails to the Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a Casualty; (E) disruption of telephone and telecommunications provide services to the Building Tenant or the Premises resulting from a Casualty; or (F) blockages of to make and complete any windows, doors, or walkways to the Building or the Premises resulting from a Casualty. Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to effect an Interruption of Service, repair as required by this Lease or by lawfor a continuous period in excess of five (5) business days after Landlord learns of such failure in the case of failures arising from matters within Landlord's reasonable control, or in excess of ten (10) business days after Landlord learns of such failure with respect to failures not arising from matters within Landlord's reasonable control, and such failure materially interferes with Tenant's use and enjoyment of all or a portion of the Premises such that the same becomes untenantable and is, in fact, not utilized by the Tenant, then, and in such event, Landlord shall provide Tenant a credit against the fixed annual rent and additional rent under Article 4 next owing, in an amount equal to the fixed annual rent and additional rent under Article 4 due under the Lease (with the amount of such rent being prorated in the event such failure does not affect Tenant's ability to use the entire Premises) from and after the expiration of such five (5) or ten (10) business day period, as the case may be, and until such time as the affected Premises becomes tenantable or Tenant resumes utilization of the affected Premises, whichever is earlier. Notwithstanding anything contained herein to the contrary, no abatement shall be allowed (i) if the event which would otherwise give rise to abatement arises from an act or omission of Tenant, its assignees or subtenants or any of their respective contractors, agents, employees or invitees, or (ii) with respect to a de minimis portion of the Premises (i.e., 100 rentable sq. ft. or less) or with respect to areas not actively utilized by Tenant in the conduct of its business (i.e., janitorial closets and similar spaces). In no event shall Landlord in good xxxxx xxxxx advisable, whenever and be liable for so long as may be necessary, to make repairs, alterations, upgrades,incidental or consequential damages.

Interruption of Services and Utilities. No damagesWith respect to interruption of services and utilities to be provided pursuant to this Sublease, compensationSubtenant 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 claim shall be payable by Landlordany interruption or termination of, and this Lease and services or utilities due to the obligations application of Tenant to perform all Laws, the failure of its covenants and agreements hereunder shall in no way be affectedany equipment, impairedthe performance of repairs, reducedimprovements or alterations, or excusedthe 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 that 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 been of a duration, in each instance, of less than five (5) consecutive days (and, therefore, the provisions of the preceding sentence have been inapplicable), but which, in the aggregate, have totaled thirty (30) days, then, Tenant shall be entitled to an abatement of Base Rent and Additional Rent (based on the square footage of the Premises subject to the Service Interruption) for each day thereafter on which a Service Interruption occurs and ending upon the date each such Service Interruption ceases. Landlord shall promptly take all action necessary to remedy the same and agrees to perform the work and repairs required to do so in a manner which will minimize, to the extent reasonably possible, interference with the conduct by Tenant of its business in Premises.” Xxxxxxxxxxx shall not be liable for the interruption, curtailment, stoppage or suspension of services and utilities to be furnished to the Building’s HVACPremises, utility, sanitary, elevator, water, telecommunications, security (including equipment devices and/or personnel, if any), or other Building systems serving provided that to the extent that Sublandlord is entitled to an abatement of rent under the Prime Lease with respect to the Premises or any other services required of Landlord under this Lease (an “Interruption of Services”)the provision cited above, by reason of: (i) any casualty, including casualty caused by fire, war, terrorism, and bioterrorism (“Casualty”); (ii) an accident; (iii) an emergency; (iv) shortages of labor or materials; or (v) any other causes of any kind whatsoever that are beyond the control of Landlord, including, but not limited to: (A) lack of access Subtenant shall be entitled to the Building or the Premises (which shall include, but not be limited to, the lack same abatement of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a Casualty; (E) disruption of telephone and telecommunications services to the Building or the Premises resulting from a Casualty; or (F) blockages of any windows, doors, or walkways to the Building or the Premises resulting from a Casualty. Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to effect an Interruption of Service, as required by this Lease or by law, or as Landlord in good xxxxx xxxxx advisable, whenever and for so long as may be necessary, to make repairs, alterations, upgrades,rent.

Interruption of Services and Utilities. No damagesLandlord shall not be liable for, compensationand 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, non-payment of utility charges due from Tenant, or claim by reason of governmental regulation, statute, ordinance, restriction or decree or any other similar cause. Furthermore, Landlord shall not be payable by 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, and hereby waives all claims against Landlord for the foregoing damages from any cause arising at any time. The provisions of this Lease and Section 8.3 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. Notwithstanding the obligations of Tenant to perform all of its covenants and agreements hereunder shall in no way be affected, impaired, reduced, or excusedabove, in the event that there services or utilities vital to the operation of Tenant's business are discontinued for any continuous thirty (30) day period during the Lease Term, Rent shall be an interruption, curtailment, or suspension of the Building’s HVAC, utility, sanitary, elevator, water, telecommunications, security (including equipment devices and/or personnel, if any), or other Building systems serving the Premises or any other services required of Landlord abated under this Lease commencing on the thirty-first (an “Interruption 31st) day of Services”)such interruption and continuing until such services or utilities are again restored to Tenant. Furthermore, in the event services or utilities vital to the operation of Tenant's business are discontinued for any continuous one hundred twenty (120) day period, Tenant shall have the right to terminate this Lease by reason of: giving written notice thereof to Landlord within ten (i10) any casualty, including casualty caused by fire, war, terrorism, and bioterrorism (“Casualty”); (ii) an accident; (iii) an emergency; (iv) shortages of labor or materials; or (v) any other causes days thereafter. In the event of any kind whatsoever that are beyond the control of LandlordRent abatement or Tenant's election to terminate this Lease, 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, but not limited to: (A) lack without limitation, loss of access profits, however occurring, through or in connection with or incidental to the Building or the Premises (which shall include, but not be limited to, the lack of access a failure to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation furnish any of the surrounding area foregoing services or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a Casualty; (E) disruption of telephone and telecommunications services to the Building or the Premises resulting from a Casualty; or (F) blockages of any windows, doors, or walkways to the Building or the Premises resulting from a Casualty. Landlord reserves the right, without any liability to Tenant, except as otherwise expressly provided in this Lease, and without being in breach of any covenant of this Lease, to effect an Interruption of Service, as required by this Lease or by law, or as Landlord in good xxxxx xxxxx advisable, whenever and for so long as may be necessary, to make repairs, alterations, upgrades,utilities.