Common use of Interruption of Utilities or Services Clause in Contracts

Interruption of Utilities or Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be entitled to any abatement or reduction of rent except as expressly set forth in this Section 16.3, nor shall a constructive eviction exist or shall Tenant be released from any of Tenant’s obligations under this Lease (a) for any 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 has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (b) as a result of the admission to or exclusion from the Building or Project of any person; or (c) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing sentence, 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. 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, locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, in the event of any failure to furnish, or any stoppage of, the specified services (hereinafter defined) for a period in excess of five consecutive days (or more than fifteen (15) days in any one calendar year) that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, Tenant shall be entitled to an abatement of Rent which shall commence on the sixth day (or the sixteenth day in any calendar year, as applicable) (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage of such specified services. In addition, in the event of any failure to furnish, or any stoppage of, the following specified services affecting fifty percent (50%) or more of the then-leased Premises for a period in excess of one hundred eighty (180) consecutive days that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, then Tenant, at its option, may, by written notice delivered to Landlord within five (5) business days following the expiration of the one hundred eighty (180) day period, terminate either (i) this Lease in its entirety or (ii) this Lease with respect to the specific floors so affected upon giving written notice thereof to Landlord. As used in this Section 16.3, the “specified services” are electricity, water, natural gas and sewer service.

Interruption of Utilities or Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be entitled to any abatement or reduction of rent except as expressly set forth in this Section 16.3, nor shall a constructive eviction exist or shall Tenant be released from any of Tenant’s obligations under this Lease (a) for any 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 has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (b) as a result of the admission to or exclusion from the Building or Project of any person; or (c) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing sentence, 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. 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, locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, in the event of any failure to furnish, or any stoppage of, the following specified services (hereinafter defined) for a period in excess of five consecutive days days, and if: (a) such interruption is restricted to the Building and is not a neighborhood blackout or more than fifteen caused by an Event of Force Majeure; (15b) days in any one calendar year) that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, Tenant shall be entitled to an abatement of Rent which shall commence on the sixth day (or the sixteenth day in any calendar year, as applicable) (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage is caused by the negligence or willful misconduct of Landlord or by the failure of Landlord to commence and diligently pursue repairs for which Landlord is responsible under this Lease; (c) such specified services. In addition, interruption results in the event of any failure to furnish, or any stoppage of, the following specified services affecting fifty percent (50%) or more of the then-leased Premises for a period in excess of one hundred eighty (180) consecutive days that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, then Tenant, at its option, may, by written notice delivered to Landlord within five (5) business days following the expiration of the one hundred eighty (180) day period, terminate either (i) this Lease in its entirety or (ii) this Lease with respect to the specific floors so affected upon giving written notice thereof to Landlord. As used in this Section 16.3, the “specified services” are electricity, water, natural gas and sewer service.becoming untenantable; and

Interruption of Utilities or Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be entitled to any abatement or reduction of rent except as expressly set forth in this Section 16.3, nor shall a constructive eviction exist or shall Tenant be released from any of Tenant’s 's obligations under this Lease (a) for any 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 has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (b) as a result of the admission to or exclusion from the Building or Project of any person; or (c) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing sentence, 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 's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s '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, locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, in the event of any failure to furnish, or any stoppage of, the following specified services (hereinafter defined) for a period in excess of five consecutive days days, and if: (a) such interruption is restricted to the Building and is not a neighborhood blackout or more than fifteen caused by an Event of Force Majeure; (15b) days such failure to furnish or stoppage is caused by the negligence or willful misconduct of Landlord or by the failure of Landlord to commence and diligently pursue repairs for which Landlord is responsible under this Lease; (c) such interruption results in any one calendar yearthe Premises becoming untenantable; and (d) that is not, in whole or in part, Tenant actually ceases to occupy the Premises as a result of the act or omission of Tenant or its Agentsthereof, Tenant shall be entitled to an abatement of Rent which shall commence on the sixth day (or the sixteenth day in any calendar year, as applicable) (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage of such specified services. In addition, in the event of any failure to furnish, or any stoppage of, the following specified services affecting fifty percent (50%) or more of the then-leased Premises for a period in excess of one hundred eighty (180) consecutive days that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, then Tenant, at its option, may, by written notice delivered to Landlord within five (5) business days following the expiration of the one hundred eighty (180) day period, terminate either (i) this Lease in its entirety or (ii) this Lease with respect to the specific floors so affected upon giving written notice thereof to Landlord. As used in this Section 16.3, the “specified services” services are electricity, water, natural gas and sewer service.

Interruption of Utilities or Services. Landlord will not be liable to Tenant or any other person for direct or consequential damages (including, without limitation, damages to persons or property or for injury to, or interruption of, business), Tenant shall not be entitled to any abatement or reduction of rent except as expressly set forth in this Section 16.3, nor shall a constructive eviction exist or shall Tenant be released from any of Tenant’s 's obligations under this Lease (ai) for any 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 has agreed to supply during any period when Landlord uses reasonable diligence to supply such services; (bii) as a result of the admission to or exclusion from the Building or Project of any person; or (ciii) for any discontinuance permitted under this Article XVI. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing sentence, 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 's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. In the event of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in Landlord’s '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, locking doors and closing Parking Facilities and the Common Areas. Notwithstanding the foregoing, in the event of any failure to furnish, or any stoppage of, the specified services (hereinafter defined) set forth in this Section 16.3 for a period in excess of five consecutive days days, and if: (a) such interruption is restricted to the Building and is not a neighborhood blackout or more than fifteen caused by an Event of Force Majeure; (15b) days such failure to furnish or stoppage is caused by the negligence or willful misconduct of Landlord or by the failure of Landlord to commence and diligently pursue repairs for which Landlord is responsible under this Lease; (c) such interruption results in the Premises becoming untenantable, or any one calendar yearportion thereof in excess of 25% of the Rentable Square Feet of the Premises, becoming untenantable; and (d) that is notTenant actually ceases to occupy the Premises, in whole or in partany untenantable portion of the Premises, as a result of the act or omission of Tenant or its Agentsthereof, Tenant shall be entitled to an abatement of Rent in proportion to the area rendered untenantable and that is unoccupied, which abatement shall commence on the sixth day (or the sixteenth day in any calendar year, as applicable) (and shall not be retroactive) and shall continue for the remainder of the period of such failure to furnish or stoppage of such specified services. In addition, in the event of any failure to furnish, or any stoppage of, the following specified services affecting fifty percent (50%) or more of the then-leased Premises for a period in excess of one hundred eighty (180) consecutive days that is not, in whole or in part, a result of the act or omission of Tenant or its Agents, then Tenant, at its option, may, by written notice delivered to Landlord within five (5) business days following the expiration of the one hundred eighty (180) day period, terminate either (i) this Lease in its entirety or (ii) this Lease with respect to the specific floors so affected upon giving written notice thereof to Landlord. As used in this Section 16.3, the “specified services” services are electricity, water, natural gas and sewer service.