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 at the land, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rent, and shall not constitute to restore the service without due delay. Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessor. If the Premises are rendered untenantable in whole or in part, for a period of seven (7) consecutive 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 or servants, there shall be a proportionate abatement of rent from and after said seventh (7th) 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 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 as hereinafter defined.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the land, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentof 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 without due delayservice. Notwithstanding If Lessor fails to take such measures as may be reasonable under the foregoing, if circumstances to restore the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive dayscurtailed service, Lessee’s remedies shall be limited to an equitable abatement of Fixed Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, at any time prior to resumption of the extent such services, as its sole remedy may terminate this Lease upon written notice to LessorPremises are not reasonably usable by Lessee. If the Premises are rendered untenantable in whole or in part, for a period of seven ten (710) consecutive days 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 agents ’s agents, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Fixed Basic Rent and Additional Rent from and after said seventh tenth (7th10th) 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 ten (10) business days 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. The remedies provided for in this paragraph shall be Tenant’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 landParcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentTerm 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 without due delayservice. Notwithstanding If Lessor fails to take such measures as may be reasonable under the foregoing, if circumstances to restore the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive dayscurtailed 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, at any time prior to resumption the extent such Premises are not reasonably usable by Lessee or to a claim of such services, as its sole remedy may terminate this Lease upon written notice to Lessorconstructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of seven ten (710) consecutive days 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 agents ’s agents, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Term Fixed Basic Rent and Additional Rent from and after said seventh tenth (7th10th) 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 ten (10) business days 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 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 at the landLand, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee Tenant to any claim against Lessor Landlord or to any abatement in rentof Basic Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Landlord fails to take reasonable measures under the circumstances to restore the service without due delayor as otherwise set forth in this Section 18. Notwithstanding If Landlord fails to take such reasonable measures under the foregoingcircumstances to restore the curtailed service, if Tenant’s remedies shall be limited to an equitable abatement of Basic Rent and Additional Rent for the interruption duration of the curtailment beyond said reasonable period to the extent such Premises are not reasonably usable or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessoraccessible by Tenant. If the Premises are rendered untenantable untenable or inaccessible in whole or in part, for a period of seven two (72) consecutive days 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 LesseeTenant, or Lessee's agents Tenant’s agents, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Basic Rent and Additional Rent from and after said seventh second (7th2nd) 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 ten (10) business days 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 Majeure. The remedies provided for in this Section 18 shall be Tenant’s sole remedies for any interruption of service or use as hereinafter defineddescribed above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the landParcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentTerm 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 without due delayservice. Notwithstanding If Lessor fails to take such measures as may be reasonable under the foregoingcircumstances to restore the curtailed service, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability remedies shall be limited to conduct its business 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 interruption continues for thirty (30) consecutive days, Lessee, at any time prior Premises are not reasonably usable by Lessee or to resumption a claim of such services, as its sole remedy may terminate this Lease upon written notice to Lessorconstructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of seven fifteen (715) consecutive days 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 agents, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Term Fixed Basic Rent and Additional Rent from and after said seventh tenth (7th10th) 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 ten (10) business days 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 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 at the landProperty, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in 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 without due undue delay. Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessor. If the Premises are rendered untenantable in whole or in part, for a period period' of seven three (73) or more consecutive days by the making business days, as a result of repairsany act or omission. If Lessor (or its agents, replacements representatives, servants, employees, licensees or additionscontractors), other than including, but not limited to (i) Lessor's failure to take reasonable measures to restore service without undue delay in those made with Lessee's consent or caused by misuse or neglect by Lesseeinstances in which Lessor has a duty under this Lease to restore such service, or Lessee(ii) Lessor's agents or servantsfailure to comply with its obligations under this Lease, there shall be a proportionate abatement of rent Fixed Basic Rent and Additional Rent from and after said seventh (7th) 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 ten (10) business days : 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 definedMajeure.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the landBuilding, 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 rent, and shall not constitute constructive or partial eviction, unless Lessor fails to take such measures as may be reasonable in the circumstances to restore the service without due undue delay. Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessor. If the Premises are rendered untenantable in whole or in part, for a period of seven five (75) consecutive days business days, by the making of repairs, replacements replacement, or additions, other than those made with Lessee's consent or caused by misuse or neglect by Lessee, Lessee or Lessee's agents agents, servants, visitors, or servantslicensees or because of Landlord's failure to perform its obligations hereunder, there shall be a proportionate abatement of rent during, from and after said seventh fifth (7th5th) 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 ten (10) 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 days after receipt 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 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 definedits occupants.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or the Complex or at the landParcel, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentTerm 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 without due delayservice. Notwithstanding If Lessor fails to take such measures as may be reasonable under the foregoingcircumstances to restore the curtailed service, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability remedies shall be limited to conduct its business 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 interruption continues for thirty (30) consecutive days, Lessee, at any time prior Premises are not reasonably usable by Lessee or to resumption a claim of such services, as its sole remedy may terminate this Lease upon written notice to Lessorconstructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of seven ten (710) consecutive days 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 agents, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Term Fixed Basic Rent and Additional Rent from and after said seventh tenth (7th10th) 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 ten (10) business days 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 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 at the landoffice Building Area, if caused by Force Majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentof Term 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 without due delayservice. Notwithstanding If Lessor fails to take such measures as may be reasonable under the foregoingcircumstances to restore the curtailed service, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability remedies shall be limited to conduct its business an equitable abatement of Term Basic Rent and Additional Rent for the duration of the curtailment beyond said reasonable period, to the extent such interruption continues for thirty (30) consecutive days, Lessee, at any time prior Premises are not reasonably usable by Lessee or to resumption a claim of such services, as its sole remedy may terminate this Lease upon written notice to Lessorconstructive eviction. If the Premises are rendered untenantable in whole or in part, for a period of seven ten (710) consecutive days days, by the making of repairs, replacements replacement or additions, other than those made with Lessee's consent or caused by misuse or neglect by Lessee, or Lessee's agents agent, servants, visitors or servantslicensees, there shall be a proportionate abatement of rent Term Basic Rent and Additional Rent from and after said seventh tenth (7th10th) consecutive 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 ten (10) business days 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 Majeure, as hereinafter defined. The remedies provided for in this Section 20 shall be Lessee's sole remedies for any interruption of service or use as described above.

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the land, 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 rent, and nor shall not the same constitute constructive or partial eviction, unless Landlord fails to take such measures as may be reasonable in the circumstances to restore the service without due undue delay. Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessor. If the Premises are rendered untenantable in whole or in part, for or a period of seven (7) consecutive days over 3 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 Tenant's agents, servants, visitors or Lessee's agents or servantslicensees, there shall be a proportionate abatement of rent from and after said seventh (7th) day and continuing for 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 ten (10) business days 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 and proceed with due diligence to remedy, in some further writing signed by the party making such condition representation or conditions, all subject to Force Majeure as hereinafter defined.promise. QUIET ENJOYMENT ---------------

INTERRUPTION OF SERVICES OR USE. Interruption Notwithstanding anything to the contrary contained herein, interruption or curtailment of any service maintained in the Building or at the landOffice 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 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 without due undue delay. Notwithstanding the foregoing, if the interruption or curtailment of any services in the Building severely interferes with Lessee's ability to conduct its business and such interruption continues for thirty (30) consecutive days, Lessee, at any time prior to resumption of such services, as its sole remedy may terminate this Lease upon written notice to Lessor. If the Premises are rendered untenantable in whole or in part, for a period of seven three (73) consecutive days by business days, by: (i) 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 agents, servants, visitors or servantslicensees; or (ii) the failure of Lessor to provide any services required to be provided by Lessor hereunder, there shall be a proportionate abatement of rent Fixed Basic Rent and Additional Rent payable by Lessee pursuant to Article 23 hereof from and after said seventh third (7th3rd) 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 ten (10) business days 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, if the Premises are rendered untenantable for 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 as hereinafter definedor misuse or neglect by Lessee, its agents, servants, visitors or licensees) during such calendar year, then Lessee shall be entitled to an abatement of Fixed 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.