Common use of INTERRUPTION OF SERVICES OR USE Clause in Contracts

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive business days, by the making of repairs, replacements or additions, other than those made with Lessee’s consent or caused by misuse or neglect by Lessee, or Lessee’s agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s sole remedies for any interruption of services or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcelland, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rentrent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the serviceservice without due delay. If Lessor fails Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to take conduct its business and such measures as may be reasonable under the circumstances to restore the curtailed serviceinterruption continues for thirty (30) consecutive days, Lessee’s remedies shall be limited , at any time prior to an equitable abatement resumption of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable periodsuch services, as its sole remedy may terminate this Lease upon written notice to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionLessor. If the Premises are rendered untenantable in whole or in part, for a period of ten seven (107) consecutive business days, days by the making of repairs, replacements or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, or Lessee’s agents, 's agents or servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent rent from and after said tenth seventh (10th7th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time ten (10) business days after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, Majeure as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s sole remedies for any interruption of services or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s 's remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of ten fifteen (1015) consecutive business days, by the making of repairs, replacements or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, or Lessee’s 's agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s 's sole remedies for any interruption of services or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term of Fixed Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionLessee. If the Premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive business days, by the making of repairs, replacements or additions, other than those made with Lessee’s consent or caused by misuse or neglect by Lessee, or Lessee’s agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 paragraph shall be LesseeTenant’s sole remedies for any interruption of services or use as described above. Notwithstanding the requirements of any other provision of this Lease, Lessor shall not be liable for failure to furnish any of the aforesaid services when such failure is due to Force Majeure, as hereinafter defined. Lessor shall not be liable for injuries, damages or losses to Lessee or Lessee’s property, or for any interruption to Lessee’s business, through or in connection with or incidental to the furnishing of, or failure to furnish, any of the aforesaid services, unless said failure is arises from the gross negligence or willful misconduct of Lessor, its agents, servants or employees In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy the conditions, or if the condition is such that it remedy is of such a nature that it could not be promptly completed, to commence and proceed with due diligence to remedy such condition or conditions, all subject to Force Majeure as hereinafter defined.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the ParcelLand, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee Tenant to any claim against Lessor Landlord or to any abatement in Term Fixed of Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor Landlord fails to take reasonable measures as may be reasonable under the circumstances to restore the serviceservice or as otherwise set forth in this Section 18. If Lessor Landlord fails to take such reasonable measures as may be reasonable under the circumstances to restore the curtailed service, LesseeTenant’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, period to the extent such Premises are not reasonably usable or accessible by Lessee or to a claim of constructive evictionTenant. If the Premises are rendered untenantable untenable or inaccessible in whole or in part, for a period of ten two (102) consecutive business days, by the making of repairs, replacements or additions, other than those made with LesseeTenant’s consent or caused by misuse or neglect by LesseeTenant, or LesseeTenant’s agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth second (10th2nd) consecutive business day and continuing for the period of such untenantabilityuntenability or inaccessibility. In no event shall Lessee Tenant be entitled to claim a constructive eviction from the Premises unless Lessee Tenant shall first have notified Lessor Landlord in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor Landlord shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions. Any time limits required to be met by either party pursuant to this Section 18 shall, all subject unless specifically stated to the contrary elsewhere in this Lease, be automatically extended by the number of days by which any performance called for is delayed due to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 18 shall be LesseeTenant’s sole remedies for any interruption of services service or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the ParcelProperty, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rentrent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionservice without undue delay. If the Premises are rendered untenantable in whole or in part, for a period period' of ten three (103) or more consecutive business days, by the making as a result of repairsany act or omission. If Lessor (or its agents, replacements or additions, other than those made with Lessee’s consent or caused by misuse or neglect by Lessee, or Lessee’s agentsrepresentatives, servants, visitors employees, licensees or licenseescontractors), including, but not limited to (i) Lessor's failure to take reasonable measures to restore service without undue delay in those instances in which Lessor has a duty under this Lease to restore such service, or (ii) Lessor's failure to comply with its obligations under this Lease, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day the date such untenantability commenced and continuing for the period of such untenantability. In no event shall Lessee be entitled to an abatement of Fixed Basic Rent and Additional Rent if the Premises are rendered untenantable by reason of any act or omission of Lessee or any third party or Force Majeure. Furthermore, in no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, and if the complaints be justified, unless Lessor shall have failed, within : a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, remedy such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s sole remedies for any interruption of services or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s 's remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive business days, by the making of repairs, replacements or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, or Lessee’s 's agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s 's sole remedies for any interruption of services or use as described above.

INTERRUPTION OF SERVICES OR USE. 19. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parcel, if caused by Force Majeurestrikes, as hereinafter definedmechanical difficulties, or any causes beyond Landlord's control whether similar or dissimilar to those enumerated, shall not entitle Lessee Tenant to any claim against Lessor Landlord or to any abatement in Term Fixed Basic Rent or Additional Rentrent, and nor shall not the same constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor Landlord fails to take such measures as may be reasonable under in the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionservice without undue delay. If the Premises are rendered untenantable in whole or in part, for or a period of ten (10) consecutive over 3 business days, by the making of repairs, replacements or additions, other than those made with Lessee’s Tenant's consent or caused by misuse or neglect by Lessee, Tenant or Lessee’s Tenant's agents, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for rent during the period of such untenantability. In no event CONDITIONS OF LANDLORD'S LIABILITY ----------------------------------- 20. Tenant shall Lessee not be entitled to a claim a constructive eviction from the Premises unless Lessee Tenant shall have first have notified Lessor in writing Landlord IN WRITING of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor Landlord shall have failed, failed within a reasonable time after receipt of said notice to remedy such noticeconditions. LANDLORD'S RIGHT TO SHOW PREMISES ---------------------------------- 21. Landlord may show the Premises to prospective purchasers and mortgagee and, during the 4 months prior to termination of this Lease, to remedyprospective tenants, during business hours upon reasonable notice to Tenant. NO REPRESENTATIONS ------------------ 22. Neither party has made any representations or promises, except as contained herein, or commence in some further writing signed by the party making such representation or promise. QUIET ENJOYMENT --------------- 23. Landlord covenants that if and proceed with due diligence to remedyso long as Tenant pays the rent and additional rent and performs the covenants hereof, such condition or conditionsTenant shall peaceably and quietly have, all hold and enjoy the Premises for the term herein mentioned, subject to Force Majeure, as hereinafter defined. The remedies provided for in the provisions of this Section 23 shall be Lessee’s sole remedies for any interruption of services or use as described aboveLease.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the ParcelBuilding, if caused by Force Majeurestrikes, as hereinafter definedmechanical difficulties, government preemption in connection with a national emergency, conditions of supply and demand affected by any governmental emergency or any causes beyond Lessor's control, whether similar or dissimilar to those enumerated, shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rentrent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under in the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionservice without undue delay. If the Premises are rendered untenantable in whole or in part, for a period of ten five (105) consecutive business days, by the making of repairs, replacements replacement, or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, Lessee or Lessee’s 's agents, servants, visitors visitors, or licenseeslicensees or because of Landlord's failure to perform its obligations hereunder, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent rent during, from and after said tenth fifth (10th5th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from Notwithstanding the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise theretoabove, and, if the complaints be justified, unless Lessor shall have failedthe right at any time without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, within passageways, doors, doorways, corridors, elevators, stairs, toilets, or other public parts of the Building provided that Tenants access to the premises and Tenants use of the premises is not adversely affected and to change the name, number, or designation by which the Building may be known. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance, or injury to business arising from Owner or other Tenant's making any repairs in the Building or any such alterations, additions, and improvements, provided, however, that said alterations shall be done with a reasonable time after receipt minimum of inconvenience to Tenant and Landlord shall pursue any alterations with due diligence. Furthermore, Tenant shall not have any claim against Owner by reason of Owner's imposition of such notice, controls of the manner of access to remedy, the Building by Tenant's social or commence business visitors as the Owner may deem necessary for the security of the Building and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 shall be Lessee’s sole remedies for any interruption of services or use as described aboveits occupants.

INTERRUPTION OF SERVICES OR USE. Interruption Notwithstanding anything to the contrary contained herein, interruption or curtailment of any service maintained in the Building or the Complex or at the ParcelOffice Building Area, if caused by Force Majeure, Majeure (as hereinafter defined, ) shall not entitle Lessee to any claim against Lessor or to any abatement in Term Fixed Basic Rent or Additional Rentrent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive evictionservice without undue delay. If the Premises are rendered untenantable in whole or in part, for a period of ten three (103) consecutive business days, by by: (i) the making of repairs, replacements or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, or Lessee’s 's agents, servants, visitors or licensees; or (ii) the failure of Lessor to provide any services required to be provided by Lessor hereunder, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent payable by Lessee pursuant to Article 23 hereof from and after said tenth third (10th3rd) consecutive business day and continuing for the period of such untenantability. In no event event, shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, remedy such condition or conditions, all subject to Force Majeure. Supplementing the foregoing, as hereinafter defined. The remedies provided if the Premises are rendered untenantable for in this Section 23 a period of more than ten (10) days during a calendar year, and the Premises are again rendered untenantable for the same reason (other than Force Majeure or misuse or neglect by Lessee, its agents, servants, visitors or licensees) during such calendar year, then Lessee shall be Lessee’s sole remedies for any interruption entitled to an abatement of services or use as described aboveFixed Basic Rent and Additional Rent payable by Lessee pursuant to Article 23 hereof from the first (1st) day that the Premises were again rendered untenantable.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the Parceloffice Building Area, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in of Term Fixed Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service. If Lessor fails to take such measures as may be reasonable under the circumstances to restore the curtailed service, Lessee’s 's remedies shall be limited to an equitable abatement of Term Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such Premises are not reasonably usable by Lessee or to a claim of constructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive business days, by the making of repairs, replacements replacement or additions, other than those made with Lessee’s 's consent or caused by misuse or neglect by Lessee, or Lessee’s agents's agent, servants, visitors or licensees, there shall be a proportionate abatement of Term Fixed Basic Rent and Additional Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantability. In no event shall Lessee be entitled to claim a constructive eviction from the Premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, or commence and proceed with due diligence to remedy, such condition or conditions, all subject to Force Majeure, as hereinafter defined. The remedies provided for in this Section 23 20 shall be Lessee’s 's sole remedies for any interruption of services service or use as described above.