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Common use of Interruption of Services Clause in Contracts

Interruption of Services. If any of the services provided for in this Section 7 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 7 should become unavailable and should remain unavailable for a period in excess of three (3) days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable"), then commencing upon the expiration of such 3 day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's control.

Appears in 1 contract

Samples: Lease Agreement (CDW Computer Centers Inc)

Interruption of Services. If any of the services provided for in this Section 7 Sections 5.1, 5.2 or 5.3 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's ’s personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's ’s reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a period in excess of three (3) days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 day 60-hour period, Tenant's ’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's ’s control, any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord's ’s control. Tenant hereby waives the provisions of Sections 1932, 1933(4) and 1942 of the Civil Code of California or any similar or successor statutes to the fullest extent permitted by Laws, and Tenant acknowledges that, except as specifically provided herein, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord will be an action for damages, and that Tenant will not be entitled to terminate this Lease, withhold Rent, or make any repair and deduct the cost of repair from Rent payable under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

Interruption of Services. 7.3.1 Landlord reserves the right to stop the furnishing of any Building services and the service of any of the Building Systems to perform repairs or Alterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary by reason of accident or emergency. If any of the Building Systems or services required to be provided for in by Landlord pursuant to this Section Article 7 are interrupted or Article 8 below shall be interrupted, curtailed or stopped, Landlord will shall use reasonable efforts with due diligence to resume the such service; provided, however, that (subject to the provisions of Section 7.3.2 below) Landlord shall have no irregularity liability whatsoever by reason of any such interruption, curtailment or stoppage of any of these such services will create (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any liability repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply electricity, water, steam, oil or other fuel, strikes, lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause beyond Landlord’s reasonable control or for Landlord (any other reason), including, without limitation, any liability for damages to Tenant's ’s personal property or for interruption of business caused by any such irregularity interruption or stoppage), nor shall the same constitute an actual or constructive eviction or, except as expressly provided below, cause or entitle Tenant to any abatement or diminution of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If. 7.3.2 Notwithstanding anything to the contrary set forth in this Section 7.3, due if there shall be an interruption, curtailment or suspension (hereinafter referred to reasons within Landlord's reasonable control to remedy as an “Interruption”) of any Essential Service (provided defined below) and, as a result of such unavailability is not caused by TenantInterruption, Tenant's Contractors (i) all or any of their respective agents or employees), any at least twenty-five (25%) percent of the services required to Premises (the “Affected Area”) shall be provided by Landlord under this Section 7 should become unavailable and should remain unavailable rendered untenantable during Business Hours for a period in excess of three more than five (35) days Business Days after notice of such unavailability from thereof shall have been given by Tenant to Landlord, (ii) Tenant shall have ceased to conduct its normal business operations therein for more than five (5) consecutive Business Days and if such unavailability should render all (iii) the Interruption shall have been caused by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors or breach of this Lease by Landlord and shall not have been caused by reason of any acts or omissions of the public utility serving the Building, an act of God or any portion other act of Force Majeure, then, as Tenant’s sole remedy, Tenant shall have the right to xxxxx the Base Rent and Additional Rent payable under this Lease allocable to the Affected Area only for the period which shall begin on the sixth (6th) Business Day after Tenant shall have given Landlord notice of the Interruption and vacated and ceased to conduct Tenant’s normal business in the Affected Area and ending on the date on which the Interruption shall have ceased to render the Affected Area untenantable. For purposes of this Section 7.3.2, “Essential Service” shall mean the following services which Landlord is obligated to provide to the Premises, during business hours only: (a) heat, during any period during which Landlord is obligated to furnish the same under the provisions of this Lease, (b) electricity, (c) air-conditioning, during any period during which Landlord is obligated to furnish the same under the provisions of this Lease, (d) access to the Premises and (e) the service of at least one (1) elevator. Notwithstanding anything to the contrary above, the term “Interruption” shall also include loss of use of the Premises where Tenant is actually unable to use any under the provisions of Section 9.4.1 or all of 10.2 below resulting solely from Landlord’s performing Alterations or repairs in the Premises for to remedy a condition created by the normal conduct negligence, breach of its business ("Untenantable"), then commencing upon the expiration Lease or willful misconduct of such 3 day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's control.

Appears in 1 contract

Samples: Office Lease (Learning Tree International Inc)

Interruption of Services. If No interruption of services caused by repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall be deemed an eviction or disturbance of Tenant's possession of any part of the services provided Premises, or render Landlord liable to Tenant for in damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Section 7 are interrupted or stopped, Landlord will use due diligence to resume the serviceLease; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the : The Rent otherwise payable under this Lease or shall xxxxx in the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) Landlord ceases to furnish any manner or for any purpose relieve service in the Building as a result of a condition which affects only the Building (i.e. which does not affect office building in general in the vicinity of the Building); (ii) Tenant from any of its obligations under this Lease. If, due to reasons notifies Landlord in writing within Landlord's reasonable control to remedy one (provided 1) business days after such unavailability cessation; (iii) such cessation is not caused by Force Majeure (as defined in Section 21 below); (iv) such cessation is not the result of an act or omission of Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 7 should become unavailable ; and should remain unavailable for a period in excess of three (3v) days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where (or a material portion thereof) is rendered untenantable (meaning that Tenant is actually unable to use any or such space in the normal course of its business) and Tenant in fact ceases to use such space as a result of such cessation. As Tenant's sole3 and exclusive remedy for such cessation, on the sixth day after all of the Premises for foregoing conditions have been met, the normal conduct of its business ("Untenantable"), then commencing Rent payable hereunder shall be equitably abated based upon the expiration percentage of such 3 day period, Tenant's Rent will equitably xxxxx the space in proportion to the portion of the Premises so rendered Untenantable for untenantable and not being so long as used by Tenant, and such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's controlabatement shall continue until the date the Premises become fully tenantable again.

Appears in 1 contract

Samples: Lease (Success Bancshares Inc)

Interruption of Services. If any of the services provided for in this Section 7 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a period in excess of three (3) days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 day 60-hour period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's control.

Appears in 1 contract

Samples: Sublease (Pennaco Energy Inc)

Interruption of Services. If any of the services provided for in this Section 7 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's ’s personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's ’s reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a period in excess of three (3) days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 day 60-hour period, Tenant's ’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's ’s control, any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord's ’s control. Tenant acknowledges that, except as specifically provided herein, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord will be an action for damages, and that Tenant will not be entitled to terminate this Lease, withhold Rent, or make any repair and deduct the cost of repair from Rent payable under this Lease.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Interruption of Services. If any of the services provided for in this Section 7 Article 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord Landlord, unless due to Landlord's negligence or willful misconduct (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 Article 5 should become unavailable and should remain unavailable for a continuous period in excess of three (3) 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 continuous 5 business day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's control.

Appears in 1 contract

Samples: Sublease Agreement (Xanodyne Pharmaceuticals Inc)

Interruption of Services. If No interruption of services caused by ------------------------ repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall be deemed an eviction or disturbance of Tenant's possession of any part of the services provided Premises, or render Landlord liable to Tenant for in damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Section 7 are interrupted or stoppedLease. However, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent rent otherwise payable under this Lease or shall xxxxx in the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) if Landlord ceases to furnish any manner or for any purpose relieve service in the Building as a result of a condition which affects only the Building (i.e. which does not affect office buildings in general in the vicinity of the Building); and (ii) if Tenant from any of its obligations under this Lease. If, due to reasons notifies Landlord in writing within Landlord's reasonable control to remedy one (provided 1) business days after such unavailability cessation; and (iii) if such cessation is not caused by Force Majeure (as defined in Section 21 of this Lease); and (iv) if such cessation has not arisen as a result of an act or omission of Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 7 should become unavailable ; and should remain unavailable for (v) as a period in excess of three (3) days after notice result of such unavailability from Tenant to Landlordcessation, and if such unavailability should render all or any portion of the Premises where (or a material portion thereof) is rendered untenantable (meaning that Tenant is actually unable to use any or such space in the normal course of its business) and Tenant in fact so ceases to use such space in the manner used prior to such cessation. As Tenant's sole and exclusive remedy for such cessation, on the sixth day after all of the Premises for foregoing conditions have been met, the normal conduct of its business ("Untenantable"), then commencing rent payable hereunder shall be equitably abated based upon the expiration percentage of such 3 day period, Tenant's Rent will equitably xxxxx the space in proportion to the portion of the Premises so rendered Untenantable for untenantable and not being so long as used by Tenant, and such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's controlabatement shall continue until the date the Premises become tenantable again.

Appears in 1 contract

Samples: Lease (Focal Communications Corp)

Interruption of Services. If any of the services provided for in this Section 7 5 are interrupted or stopped, Landlord will use due diligence to promptly resume the service; provided, however, that, except in connection with the negligence or willful misconduct of Landlord or its agents, employees or invitees, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's ’s personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's ’s reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a continuous period in excess of three (3) 3 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where untenantable (and Tenant is actually unable to use any or all of in fact ceases using the Premises for the normal conduct of its business ("Untenantable"operations), then commencing upon the expiration of such continuous 3 business day period, Tenant's ’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable (and in fact not used by Tenant for normal business operations) for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's ’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's ’s control.

Appears in 1 contract

Samples: Office Lease Agreement (Intellon Corp)

Interruption of Services. If any of the services to be provided for by Landlord in accordance with this Section 7 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a period in excess of three sixty (360) days hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 day sixty (60) hour period, Tenant's Rent will equitably xxxxx in abatx xx proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's control.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Interruption of Services. If Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services provided identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or the quality or character of electric service may be changed or such service may no longer be suitable for in Tenant's requirements or such services may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, replacements, alterations, improvements or cleaning can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be deemed an eviction or disturbance of Tenant's right to possession, occupancy and use of the Leased Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to perform its covenants under this Section 7 are interrupted or stoppedLease. Landlord shall have no liability to Tenant, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages consequential damage arising out of, resulting from, or related to any such interruption of utility services. The above provision notwithstanding, if the utility services, which substantially impair the Tenant's personal property caused by any such irregularity or stoppage)ability to conduct its business operations, constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or are discontinued for any purpose relieve Tenant from any of its obligations under this Lease. If, more than two (2) consecutive business days due to reasons causes within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 7 should become unavailable and should remain unavailable for a period in excess of three (3) days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")control, then commencing upon the expiration of such 3 day period, Tenant's Minimum Annual Rent will due hereunder shall be equitably xxxxx abated in proportion to the portion impairment of the Premises so rendered Untenantable for so long Tenant's business operations, as determined by Landlord within its reasonable discretion, until such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's controlare fully restored.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Interruption of Services. If any of the services provided for in this Section 7 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's ’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's ’s reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 5 should become unavailable and should remain unavailable for a continuous period in excess of three (3) 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable")untenantable, then commencing upon the expiration of such 3 continuous 5 business day period, Tenant's ’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's ’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's ’s control.

Appears in 1 contract

Samples: Office Lease Agreement (Biovest International Inc)

Interruption of Services. If Landlord shall, not be liable for any of failure to furnish the services provided for in this Section 7 are interrupted and items assigned to it above if such failure is due to a shortage of materials, supplies, labor, services or stoppedother cause beyond its reasonable control. Furthermore, Landlord will use due diligence reserves the right to resume the service; providedinterrupt, howevercurtail, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's personal property caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees), any of suspend the services required to be provided furnished by Landlord under this Section 7 should become unavailable and should remain unavailable Article 5 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required or recommended by any law, order or regulation of any federal, state, county or municipal authority, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable diligence to complete all repairs of Landlord hereunder or other necessary work as quickly as possible so that Xxxxxx’s inconvenience resulting therefrom may be for as short a period in excess of three (3) days after notice time as circumstances will permit. Unless due primarily or solely to the negligence or willful misconduct of Landlord, no diminution or abatement of Rent or other payment due hereunder shall or will be claimed by Xxxxxx as a result therefrom, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of such unavailability from Tenant to Landlordinterruption, curtailment or suspension, and if any interruption of utility services caused solely by Landlord’s acts or omissions shall continue for more than thirty six (36) hours, then Rent shall be abated thereafter to the first day of such unavailability should render all or any portion interruption and shall continue until full use of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable"), then commencing upon the expiration of such 3 day period, Tenant's Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord's controlrestored.

Appears in 1 contract

Samples: Lease Agreement

Interruption of Services. If any of the services provided for in this Section 7 Lease by Landlord are interrupted or stoppedstopped or if there is a defect in supply, character of, adequacy or quality of any of such services (collectively, a “Failure”), Landlord will use due reasonable diligence to resume the serviceservice and correct the Failure; provided, however, no irregularity or stoppage Failure of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant's ’s personal property caused by any such irregularity or stoppageFailure), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord's ’s reasonable control to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees)control, any of the services required to be provided by Landlord under this Section 7 Lease should become unavailable subject to a Failure and should remain unavailable subject to a Failure for a period in excess of three (3) days 72 hours after notice of such unavailability Failure from Tenant to Landlord, and if such unavailability Failure should render all or any portion of the Premises where Tenant is actually unable to use any or all of the Premises for the normal conduct of its business untenantable ("Untenantable"), then commencing upon the expiration of such 3 day 72 hour period, Tenant's ’s Rent will equitably xxxxx in proportion to the portion of the Premises so rendered Untenantable for so long as such services remain unavailable subject to the Failure for such reasons. Without limiting those reasons for an irregularity or stoppage of services a Failure that may be beyond Landlord's ’s reasonable control, any such irregularity or stoppage Failure due to the following will be deemed caused by a reason beyond Landlord’s control: (i) that is required in order to comply with any Laws will laws, ordinances or requests from governmental authorities; (ii) any casualty; (iii) intentionally omitted; (iv) an emergency; (v) shortages of labor or materials; or (vi) 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 deemed caused by 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 reason beyond casualty; (E) disruptions 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. If, due to reasons within Landlord's control’s reasonable control a Failure occurs and exists for thirty (30) days after notice of such Failure from Tenant to Landlord, and if such Failure should render all or any portion of the Premises Untenantable, then commencing upon the expiration of such thirty (30) day period, Tenant shall have the right to terminate this Lease upon five days written notice to Landlord, provided that if such Failure is resolved within the five day period, such notice of termination shall be ineffective and this Lease shall continue in full force and effect.

Appears in 1 contract

Samples: Full Service Lease (JGWPT Holdings Inc.)