Common use of Interruption of Services Clause in Contracts

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord reserves the right to suspend the Building Services on account of fire, storm, explosion, strike, lockout, labor dispute, casualty or accident, acts of God, riot, war, terrorism, interference by civil or military authorities, or any other cause beyond Landlord’s control or for emergency, inspection, cleaning, repairs, replacement, alterations or improvements that Landlord reasonably deems desirable or necessary. Landlord shall use reasonable efforts to restore any Building Services suspended pursuant to this Section 9.9. Landlord will not be liable or responsible to Tenant for any losscosts, damage expenses or expense damages incurred by Tenant as a result of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service failure to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of furnish any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, Services and such failure will not (i) constitute an be construed as a constructive eviction or disturbance eviction of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord excuse Tenant from the performance of any of Landlord’s its obligations under the Lease hereunder, or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease abatement or this Rider (including the obligation to pay OS Base Rent, offset against Basic Rent or Additional Rent. In addition, no deduction from Basic Rent or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (Additional Rent will be permitted on account of any type), whether foreseeable or not, whether arising from or relating Building Services not used by Tenant. Notwithstanding anything to the making contrary in this Section 9.9, if such services are interrupted as a result of the gross negligence or failure willful acts of Landlord and/or Landlord’s Agents, such interruption shall continue for three (3) consecutive days and, as a result thereof, Tenant is unable to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to use any portion of the OS Tenant SpacePremises for the conduct of its business, the PropertyRent shall be abated for the portion of the Premises affected thereby, for the period from the fourth (4th) day following the commencement of such cessation or interruption to the Building. In the event of any interruptiondate such failure, however, Landlord shall employ commercially reasonable efforts to restore such service delay or cause the same to be restored in any circumstances in which such restoration inability is within the reasonable control of Landlordcured.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services. No Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirementsrequirements for any reason other than the fault of Landlord. No Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord 7.3.1 Grantor shall not be liable or responsible to Tenant Grantee for any loss, damage or expense of any type which Tenant Grantee may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, changed or is no longer suitable for TenantGrantee’s requirements. No Except as otherwise expressly set forth herein, no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the OS Tenant Space Colocation Premises (or to any other portion of the Building Datacenter or PropertyBuilding) shall, in any event, (i) constitute an eviction or disturbance of TenantGrantee’s use and possession of the OS Tenant Grantee Space, (ii) constitute a breach by Landlord Grantor of any of LandlordGrantor’s obligations under the Lease or this RiderAgreement, (iii) render Landlord Grantor liable for damages of any type or entitle Tenant Grantee to be relieved from any of TenantGrantee’s obligations under the Lease or this Rider Agreement (including the obligation to pay OS Base RentColocation Fees, Additional RentColocation Fees, or other charges), (iv) grant Tenant Grantee any right of setoff or recoupment, (v) provide Tenant Grantee with any right to terminate the Lease or this RiderAgreement, or (vi) make Landlord Grantor liable for any injury to or interference with TenantGrantee’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord Grantor shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordGrantor and the interruption at issue was not caused in whole or in part by any action of Grantee.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services. No Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirementsrequirements for any reason other than the fault of Landlord. No Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. 7.3.1 Except as expressly provided in this Lease (including, without limitation, as expressly set forth in Section 7.3.2 below), Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No Additionally, except as expressly provided in this Lease (including, without limitation, as expressly set forth in Section 7.3.2 below), no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning, collectively, “HVAC”) to the OS Tenant Space Premises (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingPremises. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption at issue was not caused in whole or in part by any action of Tenant. 7.3.2 Notwithstanding the foregoing, in the event that (a) there is an interruption of Landlord.’s Essential Services in the nature of (i) a violation of the service levels described in Exhibit “F”, attached hereto, with regard to Suite 880, or (ii) a violation of the service level described in Exhibit “F-1”, attached hereto, with regard to Suite 890, (b) such interruption of Landlord’s Essential Services is not caused by any act or omission of Tenant or Tenant’s employees, agents, invitees or contractors, nor by a Casualty (as defined and dealt with in Section 9.1.1, below), nor by an ECT Overage, and (c) Tenant is prevented from using (and actually does not use) the Tenant Space, or any portion thereof, in the ordinary course of Tenant’s business (which, for the avoidance of doubt, and for the purposes of this Lease, means the operation of Tenant’s business in the affected portion of the Tenant Space is adversely impacted), as determined by Tenant, for a period in excess of the timeframe specified in Item 15 of the Basic Lease Information (the “Eligibility Period”) as a result of such interruption of Landlord’s services (such an interruption, an “Interruption of Landlord’s Services”), Tenant shall, as its exclusive remedy therefor, except as otherwise expressly set forth herein (including Section 16.1), be entitled to an equitable abatement of Base Rent as set forth in Item 15 of the Basic Lease Information. The foregoing notwithstanding, if Tenant fails to take advantage of the redundant electrical design of the Premises (e.

Interruption of Services. Landlord reserves the right to stop service of the heating, air-conditioning, ventilation, the elevator, electrical, plumbing, condenser water or other mechanical systems or facilities in the Building and cleaning services when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the reasonable judgment of Landlord desirable or necessary to be made, until said repairs, additions, alterations, replacements, decorations or improvements shall have been completed; provided, however, Landlord shall not be liable or responsible endeavor to give Tenant for any loss, damage or expense reasonable advance notice of any type which Tenant may sustain planned interruption of service. Landlord shall have no responsibility or incur if the quantity liability for interruption, curtailment or character of the utility provided electric failure to supply heat, air-conditioning, ventilation or outside air, elevator, plumbing, condenser water, electricity or cleaning when prevented by exercising its right to stop service to the OS Tenant Space is changedor by strikes, is no longer availablelabor troubles or accidents or by any cause whatsoever reasonably beyond Landlord's control, or is no longer suitable for Tenant’s requirements. No interruption by failure of independent contractors to perform or malfunction by laws, orders, rules or regulations of any electrical federal, state, county or other service municipal authority (including, without limitation, HVAC) regulations may require the removal of CFC's as well as the alteration or replacement of equipment utilizing CFC's), or failure of suitable fuel supply, or inability by exercise of reasonable diligence to the OS Tenant Space (obtain suitable fuel or to any other portion by reason of governmental preemption in connection with a National Emergency or by reason of the Building conditions of supply and demand which have been or Property) shallare affected by war or other emergency. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in any eventwhole or in part, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved any compensation or to any abatement or diminution of Rent, or relieve Tenant from any of Tenant’s its obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional RentLease, or other charges), (iv) grant Tenant Impose any right liability upon Landlord or its agents by reason of setoff inconvenience or recoupment, (v) provide Tenant with any right annoyance to terminate the Lease or this RiderTenant, or (vi) make Landlord liable for any injury to or interference with interruption of Tenant’s 's business, or otherwise. Notwithstanding anything to the contrary contained in this Lease, if Landlord fails to take such measures as may be reasonable under the circumstances to restore an "essential" service or services (which, for the purposes of this subsection I, shall be deemed to mean passenger elevator service (a minimum of one (1) elevator), electricity and heat required to be furnished by Landlord pursuant to the terms of this Lease within ten (10) consecutive business days after Tenant has notified Landlord that such service has ceased (or such longer period of time as is necessary given the nature of the needed repair or maintenance, so long as Landlord is diligently pursuing the cure thereof to substantial completion) (a "Substantial Services Failure") which failure renders the Premises or any punitive"material portion" thereof not reasonably unusable (as reasonably determined by Landlord) and as a result thereof Tenant ceases to conduct its business therein, incidental or consequential damages (of any type)provided and upon the condition that this Lease is in full force and effect and Tenant is not in default hereunder beyond applicable notice and grace periods, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to Rent and additional rent shall be abated in the provision of or failure to provide for or to restore any service in or to any proportion by which the portion of the OS Premises which is not reasonably usable and is not used by Tenant Spacebears to the total area of the Premises, commencing on the expiration of such ten (10) business day period until the date such repair is made or maintenance completed. For the purposes of this subsection I, the Property, or term "material portion" shall mean not less than twenty-five (25%) percent of the Buildingarea on any floor of the Premises. In the event Landlord is unable to cure a Substantial Services Failure because of a force majeure event or any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within other reason beyond the reasonable control of LandlordLandlord including, without limitation, the acts or omissions of Tenant or any of Tenant's agents, employees or contractors, then the ten (10) business day period shall be extended one (1) day for each day such event of force majeure or other impossibility exists. Notwithstanding the foregoing remedy, Landlord agrees to diligently pursue the restoration of interrupted services. A copy of any notice from Tenant to Landlord given pursuant to this subsection I shall not be deemed effective unless and until a copy of said notice is sent simultaneously to the holder of any Mortgage encumbering the Building whose address has been provided to Tenant or with whom Tenant has entered in a subordination agreement in accordance with Article 7 hereof.

Interruption of Services. Except as set forth in Subsection 5.2.2, Landlord shall not be liable have no responsibility or responsible liability to Tenant for any lossfailure, damage interruption, inadequacy, defect or expense unavailability of any type which services, facilities, utilities, repairs or replacements or for any failure or inability to provide access or to perform any other obligation under this Lease caused by breakage, accident, fire, flood or other casualty, strikes or other labor trouble, order or regulation of or by any governmental authority, inclement weather, repairs, inability to obtain or shortages of utilities, supplies, labor or materials, war, civil commotion or other emergency, transportation difficulties or due to any act or neglect of Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption servants, agents, employees or malfunction of any electrical licensees or other service (including, without limitation, HVAC) to the OS Tenant Space (or to for any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within beyond the reasonable control of Landlord, and in no event shall Landlord be liable to Tenant for any indirect or consequential damages suffered by Tenant due to any such failure, interruption, inadequacy, defect or unavailability; and failure or omission on the part of Landlord to furnish any of same for any of the reasons set forth in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Landlord reserves the right to deny access to the Building and to interrupt the services of the HVAC, plumbing, electrical or other mechanical systems or facilities in the Building when necessary from time to time by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall use reasonable efforts to minimize the duration of any such interruption and to give to Tenant at least three (3) days’ notice if service is to be interrupted, except in cases of emergency.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any lossExcept as provided in the Lease, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS POP Tenant Space (or to any other portion of the Building or Property) shall, in any event, shall (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS POP Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under this Rider or the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under this Rider or the Lease or this Rider (including the obligation to pay OS POP Base RentRent under this Rider, Additional Rent, Base Rent under the Lease or any other charges), (iv) grant Tenant any right of setoff or recoupment, or (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Building or the BuildingPOP Room. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts use good faith diligence to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption was not caused in whole or in part by Tenant’s fault. Further, Tenant acknowledges that it may not use or store batteries in the POP Room without Landlord’s prior written consent, which consent may be withheld or conditioned in Landlord’s sole and absolute discretion.

Interruption of Services. Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electricity, cleaning, parking and other services, and to curtail, suspend, interrupt and/or stop the use of the roads providing access to the Building, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary, or when prevented from supplying such services or use by strikes, lockouts, difficulty of obtaining materials, accidents or any other cause beyond Landlord's reasonable control, or by laws, orders or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power, or by any other condition not reasonably within the control of Landlord. Except as expressly provided below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of' nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of' any such interruption, curtailment or suspension. Failure or omission on the part of Landlord to furnish any of the foregoing services or use shall not be construed as an eviction of Tenant, actual or constructive, nor, except as expressly provided below, entitle Tenant to an abatement of rent, nor render Landlord liable or responsible to in damages, nor release Tenant for any loss, damage or expense from prompt fulfillment of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirementsits covenants under this Lease. No If there shall occur any interruption or malfunction reduction of any electrical or other service (includingservice(s), without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, and if (i) constitute an eviction such interruption or disturbance of reduction materially interferes with Tenant’s 's use and possession enjoyment of the OS Tenant SpacePremises, and (ii) constitute a breach by Landlord such interruption or reduction shall continue for ten (10) days, then, commencing with the eleventh (11th) day of any of Landlord’s obligations under such interruption or reduction and continuing until such time as such service(s) have been restored to the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant extent necessary to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or avoid material interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion 's use and enjoyment of the OS Premises, Tenant Space, shall be entitled to a reasonable reduction or abatement of rent (consistent with the Property, or the Building. In the event extent of any interruptioninterference with Tenant's activities); provided, however, Landlord that Tenant shall employ commercially reasonable efforts not be entitled to restore such service an abatement or cause reduction if the same to be restored in interruption or reduction of service(s) results from any circumstances in which such restoration is condition not reasonably within the reasonable control of Landlord's control.

Interruption of Services. Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, no interruption, failure or malfunction of any electrical or other service (including, without limitation, HVACHVAC service or the Remote Hands Service) to the OS Tenant Space Premises (or to any other portion of the Datacenter, the Campus, the Building or Propertythe Project) shall, in any event, : (ia) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpacePremises, (iib) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iiic) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (ivd) grant Tenant any right of setoff or recoupment, (ve) provide Tenant with any right to terminate the Lease or this RiderLease, or (vif) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceDatacenter, the PropertyCampus, the Building or the BuildingProject. In the event of any interruptioninterruption of services, however, Landlord shall employ commercially reasonable and diligent efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant.

Interruption of Services. a. Subject to the last paragraph of this Section 7.6, Landlord reserves the right to stop the service of heating, air-conditioning, ventilating, elevator, plumbing, electricity or other mechanical systems or facilities in the Building, if necessary by reason of accident or emergency , or for repairs, alterations, replacements, additions or improvements which, in the reasonable judgment of Landlord, are desirable or necessary until said repairs, alterations, replacements, additions or improvements shall have been completed. The exercise of such right by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to, or interruption of, Tenant’s business, or otherwise, or entitle Tenant to any abatement or diminution of rent. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage of any such systems or facilities pursuant to the foregoing and will use diligence to complete any such repairs, alterations, replacements, additions or improvements promptly. Landlord shall also perform any such work in a manner designated to minimize interference with Tenant’s normal business operations. b. If Landlord shall fail to supply, or be liable delayed in supplying any service expressly or responsible impliedly to be supplied under this Lease, or shall be unable to make, or be delayed in making, any repairs, alterations, additions, improvements or decorations, or shall be unable to supply, or be delayed in supplying, any equipment or fixtures, and if such failure, delay or inability shall not constitute an actual or constructive eviction, in whole or in part, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to, or interruption of, Tenant’s business, or otherwise, or entitle Tenant to any abatement or diminution of rent. Notwithstanding the foregoing, if for any lossreason, damage other than the actions of Tenant and events of Force Majeure, Landlord does not provide any or expense of any type which Tenant may sustain or incur if the quantity or character all of the utility provided electric service to the OS Tenant Space is changed, is no longer availablefollowing services, or is no longer suitable for Tenant’s requirements. No interruption does not provide them in the manner described herein (by temporary service or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, otherwise): (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpaceHVAC, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Riderelectric current, and (iii) render Landlord liable for damages of any type or entitle Tenant water, which services are deemed essential to be relieved from any the conduct of Tenant’s obligations under business (hereafter, the Lease “Critical Service(s)”), and in the manner provided for therein, for more than ten (10) consecutive business days, then following notice from Tenant to Landlord of such failure, interruption or this Rider (including reduction, Tenant may xxxxx the obligation to pay OS Base monthly installments of Basic Rent, Additional RentEscalation Charges and any other sums due hereunder, or other charges)on a per diem basis, (iv) grant Tenant any right for the period of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore beginning on the eleventh (11th) business day after such service or cause notice and ending when the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordCritical Service(s) is/are fully restored.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be liable entitled to any abatement or responsible to Tenant reduction of rent, for any lossfailure to supply any heat, damage air conditioning, elevator, cleaning, lighting or expense security or for any surges or interruptions of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changedelectricity, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical telecommunications or other service (Landlord has agreed to supply during any period when Landlord uses reasonable diligence to supply such services. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvement, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Landlord will not be liable to Tenant or any other person or entity for direct or consequential damages, and Tenant shall not be entitled to any abatement or reduction of rent, resulting from the admission to or exclusion from the Building or Project of any person. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord's reasonable opinion, Landlord will have the right to prevent access to the Building or Project during the continuance of the same by such means as Landlord, in its reasonable discretion, may deem appropriate, including, without limitation, HVAClocking doors and closing Parking Facilities and the Common Area. Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant's obligations under this Lease. Notwithstanding the foregoing, if (i) any interruption of utilities or services shall continue for ten (10) days after written notice from Tenant to the OS Tenant Space Landlord; (ii) such interruption of utilities or to services shall render any other 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 portion of the Building or Property) shallPremises unusable for the normal conduct of Tenant's business and Tenant, in any eventfact, ceases to use and occupy such portion of the Premises for the normal conduct of its business; and (iii) such interruption of utilities or services is primarily due to the negligence or willful misconduct of Landlord; then all Rent payable hereunder with respect to such portion of the Premises rendered unusable for the normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such ten (10) day period, in the event such utilities or services are not restored, and continue until such time that the utilities or services are restored. Further notwithstanding the foregoing, (i) constitute an eviction if any interruption of utilities or disturbance of Tenant’s use and possession of the OS services shall continue for ten (10) consecutive business days after written notice from Tenant Spaceto Landlord, (ii) constitute a breach by Landlord such interruption of any of Landlord’s obligations under the Lease utilities or this Rider, (iii) services shall render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpacePremises unusable for the normal conduct of Tenant's business and Tenant, in fact, ceases to use and occupy such portion of the Property, Premises for the normal conduct of its business; (iii) such interruption of utilities or services is due to an Event of Force Majeure (as defined in Section 25.11) or the Building. In negligence or willful misconduct of any third party; and (iv) the restoration of such interrupted utilities or services is reasonably within Landlord's direct control, then all Rent payable hereunder with respect to such portion of the Premises rendered unusable for the normal conduct of Tenant's business in which Tenant, in fact, ceases to use and occupy, shall be abated after the expiration of such thirty (30) day period, in the event of any interruptionsuch utilities or services are not restored, however, Landlord shall employ commercially reasonable efforts to restore and continue until such service time that the utilities or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordservices are restored.

Interruption of Services. a. Subject to the last paragraph of this Section 7.6, Landlord reserves the right to stop the service of heating, air-conditioning, ventilating, elevator, plumbing, electricity or other mechanical systems or facilities in the Building, if necessary by reason of accident or emergency , or for repairs, alterations, replacements, additions or improvements which, in the reasonable judgment of Landlord, are desirable or necessary until said repairs, alterations, replacements, additions or improvements shall have been completed. The exercise of such right by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to, or interruption of, Tenant’s business, or otherwise, or entitle Tenant to any abatement or diminution of rent. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage of any such systems or facilities pursuant to the foregoing and will use diligence to complete any such repairs, alterations, replacements, additions or improvements promptly. Landlord shall also perform any such work in a manner designated to minimize interference with Tenant’s normal business operations. b. If Landlord shall fail to supply, or be liable delayed in supplying any service expressly or responsible impliedly to be supplied under this Lease, or shall be unable to make, or be delayed in making, any repairs, alterations, additions, improvements or decorations, or shall be unable to supply, or be delayed in supplying, any equipment or fixtures, and if such failure, delay or inability shall not constitute an actual or constructive eviction, in whole or in part, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to, or interruption of, Tenant’s business, or otherwise, or entitle Tenant to any abatement or diminution of rent. Notwithstanding the foregoing, if for any lossreason, damage other than the actions of Tenant or expense of a Force Majeure Event, Landlord does not provide any type which Tenant may sustain or incur if the quantity or character all of the utility provided electric service to the OS Tenant Space is changed, is no longer availablefollowing services, or is no longer suitable for Tenant’s requirements. No interruption does not provide them in the manner described herein (by temporary service or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, otherwise): (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpaceHVAC, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Riderelectric current, and (iii) render Landlord liable for damages of any type or entitle Tenant water, which services are deemed essential to be relieved from any the conduct of Tenant’s obligations under business (hereafter, the Lease “Critical Service(s)”), and in the manner provided for therein, for more than ten (10) consecutive business days, then following notice from Tenant to Landlord of such failure, interruption or this Rider (including reduction, Tenant may xxxxx the obligation to pay OS Base monthly installments of Basic Rent, Additional RentEscalation Charges and any other sums due hereunder, or other charges)on a per diem basis, (iv) grant Tenant any right for the period of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore beginning on the eleventh (11th) business day after such service or cause notice and ending when the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordCritical Service(s) is/are fully restored.

Interruption of Services. a. Landlord reserves the right to stop the service of heating, air-conditioning, ventilating, elevator, plumbing, electricity or other mechanical systems or facilities in the Building, if necessary by reason of accident or emergency, or for repairs, alterations, replacements, additions or improvements which, in the reasonable judgment of Landlord, are desirable or necessary until said repairs, alterations, replacements, additions or improvements shall have been completed. The exercise of such right by Landlord shall not be liable constitute an actual or responsible to Tenant for any lossconstructive eviction, damage in whole or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer availablein part, or is no longer suitable for relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to, or interruption of, Tenant’s requirements. No interruption business, or malfunction of any electrical or other service (includingotherwise, without limitation, HVAC) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any abatement or diminution of Tenant’s obligations under rent. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage of any such systems or facilities pursuant to the Lease foregoing and will use diligence to complete any such repairs, alterations, replacements, additions or this Rider (including the obligation improvements promptly. Landlord shall also perform any such work in a manner designated to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or minimize interference with Tenant’s normal business operations. b. If Landlord shall fail to supply, or be delayed n supplying any punitiveservice expressly or impliedly to be supplied under this Lease, incidental or consequential damages (of any type)shall be unable to make, whether foreseeable or notbe delayed n making, whether arising from or relating to the making of or failure to make any repairs, alterations alterations, additions, improvements or improvementsdecorations, or whether arising shall be unable to supply, or be delayed in supplying, any equipment or fixtures, and if such failure, delay or inability shall not constitute an actual or constructive eviction, in whole or in part, or relieve Tenant from any of its obligations under this Lease, or related impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to the provision of Tenant, or failure to provide for injury to, or to restore any service in interruption of, Tenant’s business, or otherwise, or entitle Tenant to any portion abatement or diminution of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordrent.

Interruption of Services. 7.3.1 Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, changed or is no longer suitable for Tenant’s requirements. No Except as otherwise expressly set forth herein, no interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the OS Tenant Space Premises (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption at issue was not caused in whole or in part by any action of Tenant. 7.3.2 Notwithstanding the foregoing, in the event that (a) there is an interruption of Landlord.’s services, including, but not limited to (i) any interruption of any electrical or other service (including, without limitation, HVAC) to the Tenant Space, or (ii) a violation of the service levels described in Exhibit “F”, Exhibit “FF” or Exhibit “FFF”, attached hereto, (b) such interruption of Landlord’s services is not caused by any act or omission of Tenant or Tenant’s employees, agents, invitees or contractors, nor by a Casualty (as defined in Section 9.1.1, below), nor by an ECT Overage, (c) Tenant is prevented from using (and actually does not use) the Tenant Space, or any portion thereof, in the ordinary course of Tenant’s business (which, for the avoidance of doubt, and for the purposes of this Lease, means the operation of Tenant’s business in the affected portion of the Tenant Space is adversely impacted), as determined by Tenant, for a period in excess of the timeframe specified in Item 15 of the Basic Lease Information (the “Eligibility Period”) as a result of such interruption of Landlord’s services (such an interruption, an “Interruption of Landlord’s Services”), Tenant shall, as its exclusive remedy therefor, be entitled to an equitable abatement of Base Rent as set forth in Item 15 of the Basic Lease Information. The foregoing notwithstanding, if Tenant fails to take advantage of the redundant electrical design of the Premises (e.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No Additionally, with regard to interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpacePremises, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility utility-provided electric service to the OS Tenant Space is changed, is no longer available. Additionally, or is with regard to interruptions of Landlord’s Essential Services, no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, HVAC) to the OS Tenant Space (Premises, or to any other portion of the Building or Property) , shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpacePremises, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Add-ons, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type)Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of the interruption of any interruptionsuch service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Property, the Building or the Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord, and to the extent the interruption at issue was caused by any action of Tenant, such restoration shall be performed at Tenant’s expense. Notwithstanding the foregoing, if such interruption was not caused by Tenant or Tenant’s employees, agents, invitees or contractors and Tenant and/or its licensees or subtenants are prevented from making reasonable use of the Tenant Space because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to an abatement of one days’ Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses for each day (or part thereof) that Tenant is so prevented from making reasonable use of the Tenant Space. For example, if such interruption continues for 1 minute, one day’s Base Rent shall be abated; if such interruption continues for a consecutive period of one day and 3 minutes, two days’ Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses shall be abated. The maximum rent abatement for any single day regardless of the number or length of interruptions in such day shall not exceed one day’s Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses. For example, if such interruption occurs for 53 minutes, service is restored but such interruption occurs again within the same day, the rent abatement for such day shall be one day’s Base Rent, MMR Operating Expenses and Tenant’s Proportionate Share of Actual Building Operating Expenses.

Interruption of Services. 7.7.1 Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to is changed by the OS Tenant Space is changedutility company, is no longer availableprovided by the utility company, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, Property or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLandlord and the interruption at issue was not caused in whole or in part by any action of Tenant. 7.7.2 Notwithstanding the foregoing, in the event that any interruption of any electrical or other service (including, without limitation, HVAC) to the Tenant Space, or any portion thereof, was not caused by any act or omission of Tenant or Tenant’s employees, agents, invitees or contractors, and, in Tenant’s good faith determination, Tenant is prevented from using (and actually does not use) the Tenant Space or any portion thereof for a period in excess of the timeframe specified in Item 15 of the Basic Lease Information (the “Eligibility Period”) because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to an equitable abatement of Rent commencing on the day after the expiration of such Eligibility Period and continuing for each consecutive day thereafter that Tenant is so prevented from using (and does not use) the Tenant Space.

Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in Sections 6.01 or 6.02 or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, alterations or improvements can be made. Landlord shall not be liable in damages or responsible to Tenant otherwise for any loss, damage failure or expense interruption of any type which utility or service and no such failure or interruption shall entitle Tenant may sustain to terminate this Lease or incur if withhold sums due hereunder. Notwithstanding the quantity or character of the foregoing, if, for more than five (5) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to restore any utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service required to be provided by Landlord under this Lease (includinga) following the interruption, without limitationcurtailment or suspension of such utility or other service caused by Landlord, HVACor (b) to complete repairs required to be performed by Landlord under this Lease, and the OS restoration of any such utility or other service or completion of such repairs is within Landlord's reasonable control (subject in all cases to delays caused by force majeure), and as a result of such failure (i) Tenant Space (shall not be reasonably able to use and occupy, or to any other have access to, the entire Leased Premises, or a material portion of the Building or Property) shallLeased Premises, in any eventas the case may be, (i) constitute an eviction or disturbance for the normal conduct of Tenant’s use 's business operations, and possession of the OS Tenant Space, (ii) constitute a breach by Landlord Tenant does not use or occupy the same during said period, then the obligation of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle Tenant to pay Minimal Annual Rent hereunder shall be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating abated in proportion to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Leased Premises that Tenant Space, is unable to use as a result of such failure from the Propertydate of such interruption until the date on which Landlord has completed the restoration of any such utility or other service, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordcompleted repairs.

Interruption of Services. 7.3.1 Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (including, without limitation, heating ventilation and air conditioning “HVAC”) to the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iii) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this RiderLease, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceProperty, the Property, Building or the BuildingDatacenter. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord and the interruption at issue was not caused in whole or in part by any action of Tenant. 7.3.2 Notwithstanding the foregoing, in the event that (a) there is an interruption of Landlord’s services, including, but not limited to (i) any interruption of any electrical or other service (including, without limitation, HVAC) to the Tenant Space, or (ii) a violation of the service levels described in Exhibit “F”, attached hereto, in the Tenant Space, (b) such interruption of Landlord’s services is not caused by any act or omission of Tenant or Tenant’s employees, agents, invitees or contractors, nor by a Casualty (as defined in Section 9.1.1, below), and (c) Tenant is prevented from using (and actually does not use) the Tenant Space, or any portion thereof, in the ordinary course of Tenant’s business, as determined by Tenant, for a period in excess of the timeframe specified in Item 15 of the Basic Lease Information (the “Eligibility Period”) because of the interruption of Landlord’s services (such an interruption, an “Interruption of Landlord’s Services”), Tenant shall, as its exclusive remedy therefor, be entitled to an abatement of Rent as set forth in Item 15 of the Basic Lease Information. 7.3.3 In addition to Tenant’s right to abatement of Base Rent, in the event a Chronic Outage (as hereinafter defined) occurs, Tenant may terminate this Lease by delivering to Landlord within five (5) business days following the occurrence of the Chronic Outage, written notice (“Tenant’s Chronic Outage Termination Notice”) of such termination. In the event of Tenant’s Chronic Outage termination, Landlord and Tenant agree that Tenant shall be permitted to continue its tenancy of the Tenant Space for one hundred eighty (180) days after the date of Landlord’s receipt of Tenant’s Chronic Outage Termination Notice (such period of Tenant’s “post-Chronic Outage termination tenancy” is referred to herein as “Tenant’s Chronic Outage Termination Period”); provided, however, that, (a) during Tenant’s Chronic Outage Termination Period, all of the terms of this Lease shall continue in full force and effect (including the default and remedy provisions contained herein), and (b) Tenant shall have the right to terminate Tenant’s Chronic Outage Termination Period, prior to the one hundred eightieth (180th) day thereof, by providing ninety (90) days’ written notice of such early termination to Landlord (“Tenant’s 2nd Chronic Outage Termination Notice”), in which case Tenant’s Chronic Outage Termination Period shall expire upon the earlier to occur of (i) the one hundred eightieth (180th) day after the date of Landlord’s receipt of Tenant’s Chronic Outage Termination Notice; and (ii) the ninetieth (90th) day after the date of Landlord’s receipt of Tenant’s 2nd Chronic Outage Termination Notice. Tenant’s failure to timely deliver Tenant’s Chronic Outage Termination Notice shall automatically extinguish Tenant’s right to terminate this Lease with respect to that particular Chronic Outage. As used herein the term “Chronic Outage” means that three (3) or more times within a twelve (12) consecutive month period, there occurs an Interruption of Landlord’s Services, each occurrence of which continues for twelve (12) or more consecutive hours, regardless of whether or not such Interruption of Landlord’s Services was caused by Force Majeure. 7.3.4 In addition to Tenant’s right to abatement of Base Rent, in the event a Continuous Outage (as hereinafter defined) occurs, Tenant may terminate this Lease by delivering to Landlord within five (5) business days following the occurrence of the Continuous Outage, written notice (“Tenant’s Continuous Outage Termination Notice”) of such termination. In the event of Tenant’s Continuous Outage termination, Landlord and Tenant agree that Tenant shall be permitted to continue its tenancy of the Tenant Space for one hundred eighty (180) days after the date of Landlord’s receipt of Tenant’s Continuous Outage Termination Notice (such period of Tenant’s “post-Continuous Outage termination tenancy” is referred to herein as “Tenant’s Continuous Outage Termination Period”); provided, however, that, (a) during Tenant’s Continuous Outage Termination Period, all of the terms of this Lease shall continue in full force and effect (including the default and remedy provisions contained herein), and (b) Tenant shall have the right to terminate Tenant’s Continuous Outage Termination Period, prior to the one hundred eightieth (180th) day thereof, by providing ninety (90) days’ written notice of such early termination to Landlord (“Tenant’s 2nd Continuous Outage Termination Notice”), in which case Tenant’s Continuous Outage Termination Period shall expire upon the earlier to occur of (i) the one hundred eightieth (180th) day after the date of Landlord’s receipt of Tenant’s Continuous Outage Termination Notice; and (ii) the ninetieth (90th) day after the date of Landlord’s receipt of Tenant’s 2nd Continuous Outage Termination Notice. Tenant’s failure to timely deliver Tenant’s Continuous Outage Termination Notice shall automatically extinguish Tenant’s right to terminate this Lease with respect to that particular Continuous Outage. As used herein the term “Continuous Outage” means an Interruption of Landlord’s Services occurs and continues for thirty (30) consecutive days, regardless of whether or not such Interruption of Landlord’s Services was caused by Force Majeure.

Interruption of Services. Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility provided electric service to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption Except as expressly provided in Part II of the Service Level Agreement attached hereto as Exhibit “H”, no interruption, failure or malfunction of any electrical or other service (including, without limitation, HVACHVAC service or the Remote Hands Service) to the OS Tenant Space Premises (or to any other portion of the Datacenter, the Campus, the Building or Propertythe Project) shall, in any event, : (ia) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant SpacePremises, (iib) constitute a breach by Landlord of any of Landlord’s obligations under the Lease or this RiderLease, (iiic) render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under the this Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (ivd) grant Tenant any right of setoff or recoupment, (ve) provide Tenant with any right to terminate the Lease or this RiderLease, or (vif) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant SpaceDatacenter, the PropertyCampus, the Building or the BuildingProject. In the event of any interruptioninterruption of services, however, Landlord shall employ commercially reasonable and diligent efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.such

Interruption of Services. If Landlord is prevented or delayed in performing any work or providing any services to the Leased Premises as set forth in this Lease, (including, but not limited to, any slow-down, interruption or stoppage of any such services for any reasons) Landlord shall not be liable or responsible to Tenant for damage to persons or property or be in default hereunder as a result thereof, and Tenant shall not be entitled to any lossabatement or reduction in Rent by reason thereof (provided, damage however, that Landlord shall not include within or attribute to Operating Expense the cost and expense related to any such service not provided by Landlord), nor shall the same give rise to a claim in Tenant's favor that such absence of Building services constitutes actual or constructive, total or partial, eviction or renders the Leased Premises untenantable. Landlord, hereby reserves the right to stop, slow-down or interrupt any service or utility system, when necessary by reason of malfunction, breakage, accident or emergency, until necessary repairs and/or replacements have been completed, provided, however, that in each instance of stoppage, slow-down or interruption, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any type which contemplated stoppage, slow-down or interruption and will use reasonable efforts to avoid unnecessary inconvenience to Tenant may sustain by reason thereof. Landlord shall not be liable in any way to Tenant nor shall there be any abatement or incur if reduction in rent for any failure or defect in the quantity supply or character of the electric energy or other utility provided electric service furnished to the OS Tenant Space is changed, is no longer available, or is no longer suitable for Tenant’s requirements. No interruption or malfunction Leased Premises by reason of any electrical requirement, act or other service (including, without limitation, HVAC) to the OS Tenant Space (or to any other portion omission of the public utilities serving the Building and/or the Leased Premises unless such failure or Propertydefect was caused by the intentional act or gross negligence of Landlord, its agents or employees; but if such failure or defect is caused by the act or negligence of Landlord or of its contractor(s) shalland the failure continues for more than seventy-two (72) hours during regular business days, Tenant's sole right, remedy and composition therefor shall be that Rent shall xxxxx proportionately for the period during which the failure continues. Tenant's use of electric energy in the Leased Premises shall not at any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of time exceed the OS Tenant Space, (ii) constitute a breach by Landlord capacity of any of the electric conductors and equipment in or otherwise serving the Building and/or the Leased Premises. If Tenant, in the sole judgment of Landlord’s obligations under , utilizes electricity, water or any other utility in any excessive or unreasonable manner, then Landlord shall have the Lease or this Rider, (iii) render Landlord liable for damages of any type or entitle right to require Tenant to be relieved from pay for the installation of a separate meter for any of Tenant’s obligations under the Lease or this Rider (including the obligation such utility and to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate for the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion cost of the OS Tenant Spaceuse of such utilities as determined by such meter, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlordboth as Additional Rent hereunder.

Interruption of Services. Landlord will not be liable to Tenant or any other person, for direct or consequential damage, or otherwise, and Tenant shall not be entitled to any abatement or reduction of rent, for any temporary failure to supply any heat, air conditioning, elevator, cleaning, lighting or security or for any surges or interruptions of electricity, telecommunications or other service. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvement, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand which make any product unavailable, Landlord’s compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. Landlord will not be liable or responsible to Tenant or any other person or entity for direct or consequential damages, and Tenant shall not be entitled to any lossabatement or reduction of rent, damage resulting from the admission to or expense exclusion from the Building or Project of any type which Tenant may sustain person. In the event of invasion, mob, riot, public excitement or incur if other circumstances rendering such action advisable in Landlord’s reasonable opinion, Landlord will have the quantity right to prevent access to the Building or character Project during the continuance of the utility provided electric service to the OS Tenant Space is changedsame by such means as Landlord, is no longer availablein its reasonable discretion, or is no longer suitable for Tenant’s requirements. No interruption or malfunction of any electrical or other service (may deem appropriate, including, without limitation, HVAC) to locking doors and closing Parking Facilities and the OS Tenant Space (or to any other portion of the Building or Property) shall, in any event, (i) constitute an eviction or disturbance of Tenant’s use and possession of the OS Tenant Space, (ii) constitute a breach by Common Area. Landlord of any of Landlord’s obligations under the Lease or this Rider, (iii) render Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance permitted under this Article XVII, nor will such discontinuance in any way be construed as an eviction of any type Tenant or entitle cause an abatement of rent or operate to release Tenant to be relieved from any of Tenant’s obligations under the Lease or this Rider (including the obligation to pay OS Base Rent, Additional Rent, or other charges), (iv) grant Tenant any right of setoff or recoupment, (v) provide Tenant with any right to terminate the Lease or this Rider, or (vi) make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or consequential damages (of any type), whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the OS Tenant Space, the Property, or the Building. In the event of any interruption, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of LandlordLease.