Common use of Interruption of Standard Services Clause in Contracts

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable control, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruption, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s obligations hereunder. Landlord’s obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling or lighting within the Premises and in the public area in the Building as required by any mandatory fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility or liability therefor.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any supply, heating, air conditioning, elevator, janitorial servicesservice, electric current, or any other service described in Section 5.1 or Section 33.3 Subsection (A) above during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterationsalternations, or improvements, improvements or whenever by reason of strikes, lockouts, riots, riots or acts of God God, or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent Rent or operate to release Tenant from any of Tenant’s 's obligations hereunder. Landlord’s 's obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources the same from the public utility companies or municipal authorities presently serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling cooling, or lighting within the Premises and in the public area in the Building as required by any mandatory fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility the right to enter upon the Premises at all reasonable times in order to make such repairs, alterations, and adjustments as shall be necessary in order to comply with the provisions of any energy-saving program or liability thereforany mandatory statute, regulation, or program.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 9.1 above during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God God, or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord Landlord, despite commercially reasonable efforts, is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s 's obligations hereunder. Landlord’s 's obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently then serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling cooling, or lighting within the Leased Premises and in the public area areas in the Building Complex as required by any mandatory or voluntary fuel or energy-saving program. FurthermoreTenant agrees to, due at its expense, comply with any such program with respect to energy code design requirements as promulgated from time services supplied to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Leased Premises. Landlord shall have the right to enter upon the Leased Premises at all reasonable times upon twenty-four (24) hours prior written notice (except in case of an emergency for which no responsibility notice shall be required) in order to make such any necessary repairs, alterations, and adjustments to any of the systems, facilities, or liability thereforequipment serving the Building or the Leased Premises. as shall be necessary in order to comply with the provisions of any voluntary fuel or energy-saving program or any mandatory statute, regulation, or program.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 9.1 above during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God God, or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s obligations hereunder. Notwithstanding the foregoing, if any interruption of services renders the Leased Premises or any portion of the Leased Premises untenantable for a period longer than five (5) consecutive days after written notice thereof is provided to Landlord, then Tenant shall be entitled to an abatement of Base Rent in proportion to the area of the Leased Premises that is rendered untenantable. Such abatement period shall commence upon the expiration of said five (5) consecutive day period. No such abatement shall be provided if such interruption of service is caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors, subtenants, invitees or assignees or by an act of God, or by matters not caused by the Landlord’s negligence or by matters not within the control of Landlord (including without limitation the interruption of electrical service to the Building through no fault of Landlord). The Leased Premises shall be considered untenantable if Tenant cannot use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. The abatement herein provided shall be Tenant's sole and exclusive remedy for interruption of service. Landlord’s obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently then serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling cooling, or lighting within the Leased Premises and in the public area areas in the Building Complex as required by any mandatory or voluntary fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility the right to enter upon the Leased Premises at all reasonable times in order to make such repairs, alterations, and adjustments as shall be necessary in order to comply with the provisions of any voluntary fuel or liability thereforenergy-saving program or any mandatory statute, regulation, or program.

Interruption of Standard Services. Tenant agrees that Landlord shall --------------------------------- not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 above during any period when if Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God God, legal requirements or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s 's obligations hereunder. Landlord’s 's obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling or lighting within the Premises and in the public area in the Building as required by any mandatory fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility or liability therefor. Notwithstanding the foregoing, Landlord hereby agrees that if there is an interruption or discontinuance of the services which Landlord has agreed to provide that renders the Premises untenantable and such interruption or discontinuance is within Landlord's reasonable control and continues for a period of ten (10) or more consecutive days after Landlord receives written notice thereof from Tenant (hereinafter referred to as an "Unauthorized Interruption"), Tenant's rent shall xxxxx, provided Landlord can recover such rent through Landlord's rent loss/business interruption insurance covering the Building, commencing at the end of said ten (10) day period and continuing until such time as the Premises are rendered tenantable, if Landlord has failed to correct or premeditate the cause of such Unauthorized Interruption within such ten day period. In any case, if the Unauthorized Interruption is the result of any willful misconduct or negligent acts on the part of Tenant, its agents or employees, or due to Tenant's default, Tenant's rent shall not xxxxx. If Tenant continues to nonetheless use any part of the Premises for conducting its business, the rent shall xxxxx only in proportion to the part rendered untenantable and not so used. Furthermore, if Landlord's rent loss/business interruption insurance will only cover a portion of Tenant's rent, the rent shall xxxxx only as to the portion covered by such insurance.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 above during any period when if Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God God, legal requirements or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s 's obligations hereunder. Landlord’s 's obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling or lighting within the Premises and in the public area in the Building as required by any mandatory or voluntary fuel or energy-saving program. Furthermore. (a) if the Unauxxxxxzed Interruption is the result of any willful misconduct or negligent acts on the part of Tenant, its agents, contractors, employees, express or implied invitees, or servants, or due to energy code design requirements Tenant's default, rent shall not abate, (b) if Tenant continues to xxxxxheless use any part of the Premises for conducting its business, rent shall abate only in proportion to the paxx xxndered untenantable and not so used, (c) if Landlord's rent loss/business interruption insurance will only cover a portion of Tenant's rent, the rent shall abate only as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycleportion coverxx xx such insurance, and Landlord (d) if Tenant's assignees, sublessees or other transferees are not entitled to rent abatement, rent shall have no responsibility or liability therefornot abate.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any supply, heating, air conditioning, elevator, janitorial servicesservice, electric current, or any other service described in Section 5.1 or Section 33.3 Subsection A above during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterationsalternations, or improvements, improvements or whenever by reason of strikes, lockouts, riots, riots or acts of God God, or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s 's obligations hereunder. Landlord’s 's obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling cooling, or lighting within the Premises and in the public area in the Building as required by any mandatory or voluntary fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility the right to enter upon the Premises at all reasonable times in order to make such repairs, alterations, and adjustments as shall be necessary in order to comply with the provisions of any voluntary fuel or liability thereforenergy-saving program or any mandatory statute, regulation, or program. Tenant, after payment of the unamortized tenant improvements, shall have the right to terminate this lease after a minimum of ten (10) days of interrupted service upon five (5) additional days' written notice.

Interruption of Standard Services. Tenant agrees that Landlord shall not be liable for failure to supply any heating, air conditioning, elevator, janitorial services, electric current, or any other service described in Section 5.1 or Section 33.3 7.1 above during any period when Landlord uses reasonable diligence to restore or to supply such services or electric current, it being further agreed that Landlord reserves the right to temporarily discontinue such services or any of them, or electric current at such times as may be necessary by reason of accident, unavailability of employees, repairs, alterations, or improvements, or whenever by reason of strikes, lockouts, riots, acts of God God, or any other happening or occurrence beyond the reasonable control of Landlord. If Landlord is unable to furnish such services or electric current for any reason outside of Landlord’s reasonable control, or if such services or electric current shall be interrupted for any reason outside of Landlord’s reasonable controlcurrent, Landlord shall not be liable for damages to persons or property for any such discontinuance or interruptiondiscontinuance, nor shall such discontinuance or interruption in any way be construed as a constructive or actual eviction of Tenant or cause an abatement of rent or operate to release Tenant from any of Tenant’s obligations hereunder. Notwithstanding the foregoing, if any interruption of services renders the Leased Premises or any portion of the Leased Premises untenantable for a period longer than five (5) consecutive days after written notice thereof is provided to Landlord, then Tenant shall be entitled to an abatement of Base Rent in proportion to the area of the Leased Premises that is rendered untenantable. Such abatement period shall commence upon the expiration of said five (5) consecutive day period. No such abatement shall be provided if such interruption of service is caused by the negligence or willful misconduct of Tenant, its agents, employees, contractors, subtenants, invitees or assignees or by an act of God, or by matters not caused by Xxxxxxxx’s negligence or by matters not within the control of Landlord (including without limitation the interruption of electrical service to the Building through no fault of Landlord). The Leased Premises shall be considered untenantable if Tenant cannot use the Leased Premises or portion thereof affected in the conduct of its normal business operations as a result of said interruption of service to the Leased Premises. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of service. Landlord’s obligation to furnish services or electric current shall be conditioned upon the availability of adequate energy sources from the public utility companies presently then serving the Building Complex. If Landlord elects for any reason to temporarily discontinue services to Tenant and/or the Building Complex, then Landlord shall give Tenant prior notice thereof and Tenant shall have the right to approve the scheduling thereof, which approval shall not be unreasonably withheld or delayed and in any event Landlord shall use reasonable efforts to restore as soon as possible any service which has been interrupted. Landlord shall have the right to reduce heating, cooling cooling, or lighting within the Leased Premises and in the public area areas in the Building Complex as required by any mandatory or voluntary fuel or energy-saving program. Furthermore, due to energy code design requirements as promulgated from time to time, Tenant hereby acknowledges that it may on certain days experience discomfort with the heating and air conditioning cycle, and Landlord shall have no responsibility the right to enter upon the Leased Premises at all reasonable times in order to make such repairs, alterations, and adjustments as shall be necessary in order to comply with the provisions of any voluntary fuel or liability thereforenergy-saving program or any mandatory statute, regulation, or program.