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 Office Building Area, 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 undue delay. 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 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.

Appears in 2 contracts

Samples: Commencement Date Agreement (Pharmaceutical Resources Inc), Agreement (Purchasesoft Inc)

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INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 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 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 Rent and Additional Rent from and after said tenth fifth (10th5th) consecutive business day of interruption 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.

Appears in 1 contract

Samples: Lease (Synova Healthcare Group Inc)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. 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 Rent from and after said tenth (10th) 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 such condition or conditions, all subject to Force Majeure as hereinafter defined.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Medicines Co/ Ma)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 reasonable and diligent measures as may be reasonable under the circumstances to restore the service without undue delayservice. 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 ’s agents, servants, visitors or licenseeslicensees or by Force Majeure, there shall be a proportionate abatement of Rent from and after said tenth (10th) consecutive business day the date the Premises were rendered untenantable 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 justifiedand, unless Lessor shall have failed, within a to take reasonable time and diligent measures 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.

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building building or at the Office Building Area, office building area if caused by Force Majeureforce majeure, as hereinafter defined, shall not entitle Lessee to any claim against Lessor or to any abatement in of fixed basic rent or addition rent, and shall not constitute a constructive or partial eviction, eviction unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service without undue delay. If the Premises premises are rendered untenantable in whole or in part, part for a period of ten (10) consecutive business days, days by the making of repairs, replacements or additions, 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 Rent rent from and after said tenth (10th) 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 premises unless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereto, thereto and if the complaints be justified, unless Lessor shall have failed, within a reasonable time after receipt of such notice, to remedy, remedy or commence and proceed with due diligence to remedy such condition or conditions, all subject to Force Majeure force majeure as hereinafter defined.

Appears in 1 contract

Samples: Lease (Menlo Acquisition Corp)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building AreaBuilding, if caused by Force Majeure, as hereinafter herein defined, shall not entitle Lessee to any claim against Lessor or to any abatement in rentFixed Base Rent or Additional Rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take make measures as may be reasonable under the circumstances to restore the service without undue delay. If the Demised Premises are rendered untenantable in whole or in part, for a period of ten thirty (1030) 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 visitors, or licensees, there shall be a proportionate abatement of Fixed Base Rent and Additional Rent from and after said tenth thirty (10th30th) 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 Demised 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 such condition or conditions, all subject to Force Majeure Majeure, as hereinafter herein defined. In no event shall Lessor be liable to Lessee for any damages or loss of profits due to any interruption or loss of such services.

Appears in 1 contract

Samples: Lease (Onstream Media CORP)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. 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 licenseesbusiness invitees, there shall be a proportionate abatement of 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.

Appears in 1 contract

Samples: Lease (American Business Financial Services Inc /De/)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, if caused by Force Majeureforce 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 undue delaywithin fifteen (15) days after receipt of notice from Lessee regarding such interruption or curtailment. If the Premises are rendered untenantable in whole or in part, for a period of ten thirty (1030) consecutive business days, days by the making of repairs, replacements repairs or additionsreplacements, 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 Lessee shall be a proportionate abatement of have the right to make such repairs or replacements and offset the cost thereof against the Basic Rent from and after said tenth (10th) consecutive business day and continuing for the period of such untenantabilitydue pursuant to Paragraph 3 hereof. In no event, event shall Lessee be entitled to claim a constructive eviction from the Premises 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 failedfailed within thirty (30) days, within a reasonable time after receipt of such notice, notice to remedy, or to commence and proceed with due diligence to remedy such condition or conditions, all subject to Force Majeure force majeure, as hereinafter defined.

Appears in 1 contract

Samples: Lease Agreement (Vocaltec Communications LTD)

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INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. If the Premises are rendered untenantable by the interruption of use or services in whole or in part, for a period of ten five (105) 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 Rent rent from and after said tenth five (10th5) 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 and, if the complaints be justified, unless Lessor shall have failed, failed within a reasonable time after receipt of such notice, notice to remedy, or commence and proceed with due diligence to remedy remedy, such condition or conditions, all subject to Force Majeure Majeure, as hereinafter defined.

Appears in 1 contract

Samples: Lease Agreement (Call Points Inc)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. 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 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 complains 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.

Appears in 1 contract

Samples: Lease (Scopus Video Networks Ltd.)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. If the Premises are rendered untenantable in whole or in part, for a period of ten seven (107) 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 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 justifiedand, 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.

Appears in 1 contract

Samples: Lease (Alteon Inc /De)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, 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 undue delay. 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 Fixed Basic 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.

Appears in 1 contract

Samples: Lease Agreement (Silicom Ltd.)

INTERRUPTION OF SERVICES OR USE. Interruption or curtailment of any service maintained in the Building or at the Office Building AreaProperty, 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 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 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 Fixed Basic Rent 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 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.

Appears in 1 contract

Samples: Lease (Digital Lightwave Inc)

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