Common use of Interruption of Utilities Clause in Contracts

Interruption of Utilities. Except for an interruption caused by the gross negligence or willful misconduct of Landlord, its agents or employees, no interruption or malfunction of any utility services (including, without limitation, water, sanitary sewer, gas, and electricity services) shall constitute a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages (except if caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demand.

Interruption of Utilities. Except There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever, for an the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair, in cooperation with governmental request or directions, or any other cause whatsoever, unless caused by the gross negligence or willful misconduct of LandlordLandlord or its employees, its agents or employees, no contractors. Any interruption or malfunction discontinuance of service shall not, except as otherwise provided by Applicable Laws, be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any utility services (includingpart thereof, without limitation, water, sanitary sewer, gas, and electricity services) nor shall constitute a breach by Landlord of any of its obligations hereunder or it render Landlord liable to Tenant for any damages (except if caused injury, loss or damage by abatement of rent or otherwise, nor shall it relieve Tenant from performance of Tenant’s obligations under this Lease. Notwithstanding the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. Howeverforegoing, if Tenant is prevented from making using, and does not use, the Premises or any material portion thereof as a consequence of a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable use control of all Landlord to correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the negligence or willful misconduct of Landlord or Landlord’s employees, agents or contractors (each, a portion “Utility Cessation Event”), then Tenant shall give Landlord notice of the Leased Premises such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive days because Business Days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Base Rent and Tenant’s Percentage Share of Operating Expenses shall be abated after expiration of the unavailability Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable square footage of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use using, and does not use, bears to the total rentable square footage of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandPremises.

Interruption of Utilities. Except There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever, for an the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair, in cooperation with governmental request or directions, or any other cause whatsoever, unless caused by the gross negligence or willful misconduct of LandlordLandlord or its employees, its agents or employees, no contractors. Any interruption or malfunction discontinuance of service shall not, except as otherwise provided by Applicable Laws, be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any utility services (includingpart thereof, without limitation, water, sanitary sewer, gas, and electricity services) nor shall constitute a breach by Landlord of any of its obligations hereunder or it render Landlord liable to Tenant for any damages (except if caused injury, loss or damage by abatement of rent or otherwise, nor shall it relieve Tenant from performance of Tenant’s obligations under this Lease. Notwithstanding the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. Howeverforegoing, if Tenant is prevented from making using, and does not use, the Premises or any material portion thereof as a consequence of a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable use control of all Landlord to correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the negligence or willful misconduct of Landlord or Landlord’s employees, agents or contractors (each, a portion “Utility Cessation Event”), then Tenant shall give Landlord notice of the Leased Premises such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive days because Business Days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Base Rent and Tenant’s Proportionate Share of Operating Expenses shall be abated after expiration of the unavailability Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable square footage of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use using, and does not use, bears to the total rentable square footage of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandPremises.

Interruption of Utilities. Except Landlord shall have no liability to Tenant for an any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the following: (a) accident, breakage or repairs, unless caused by the gross negligence or willful misconduct of Landlord; (b) strikes, its agents lockouts or employees, no interruption other labor disturbances or malfunction labor disputes of any utility services such character; (includingc) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, waterany electrical power “xxxxx-out” or “black-out”; or (f) any other cause beyond Landlord’s reasonable control. In addition, sanitary sewerin the event of any such interruption in utilities or services, gasTenant shall not be entitled to any abatement or reduction of Rent (except as expressly provided in Articles 17 and 18 if such failure is a result of any casualty damage or taking described therein), no eviction of Tenant shall result, and electricity services) Tenant shall constitute a breach by Landlord not be relieved from the performance of any covenant or agreement in this Lease. In the event of its obligations hereunder any stoppage or render Landlord liable for any damages (except if caused interruption of services or utilities which are not obtained directly by the gross negligence or willful misconduct of LandlordTenant, its agents or employees. Landlord shall use commercially reasonable efforts to resume such services or utilities as promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereofas practicable. If Landlord fails to restore provide any essential Building services specifically required to be provided by Landlord under the utility Lease (i.e., water, electricity, sewer, elevator service, HVAC, restrooms, loss of life safety systems, failure of fire code compliance), and such interruption of service renders the Premises or any portion of the Premises untenantable for a period in excess of five (5) consecutive business days due following Landlord’s receipt of written notice from Tenant of such interruption of service, the Rent shall xxxxx in proportion to an the area of the Premises that is rendered untenantable. Such abatement period shall commence upon the expiration of said five (5) business day period. No such abatement shall be provided if such interruption of service is caused by the gross negligence or willful misconduct on of Tenant, its agents, employees, contractors, subtenants, invitees or assignees or by an act of God, or by matters not within the part control of Landlord (including without limitation the interruption of electrical service to the Building through no fault of Landlord, ). The Premises shall be considered untenantable if Tenant cannot use the Premises or portion thereof affected in the conduct of its agents or employees, normal business operations as a result of said interruption of service to the Premises. It is agreed and understood that Tenant shall additionally have not use or be entitled to use the right Premises or portion thereof affected to then expend reasonable sums conduct its normal business operations during any day for which Landlord is obligated to xxxxx rent hereunder. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of service. Tenant agrees to fully cooperate with Landlord in remedying any such interruption of essential Building services. The terms and conditions of this Section 7.5 shall not apply to situations contemplated under provisions of the Lease pertaining to condemnation, eminent domain, damage or destruction elsewhere described in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandLease.

Interruption of Utilities. Except Tenant agrees that Landlord shall not be liable for an interruption caused damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunications services) or for diminution in the gross negligence quality or willful misconduct of Landlord, its agents or employees, no interruption or malfunction quantity of any utility services service when the failure, delay, or diminution is entirely or partially caused by: (includinga) breakage, without limitationrepairs, replacements, or improvements which is corrected within two (2) business days; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, sanitary seweror other fuel at the Building despite reasonable efforts to do so; (d) accident or casualty; (e) act or default of Tenant or other parties other than Landlord, gasor (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and electricity services) shall constitute a breach by Landlord possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations hereunder under this Lease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or render Landlord liable for any damages (except if caused by diminution to the gross extent such failure, delay, or diminution is directly attributable to Landlord's negligence or willful intentional misconduct of Landlord, its agents or employeesand continues for more than two (2) business days. Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Article. Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly restore correct any utility service that becomes unavailable due such interruption of utilities or services. Landlord may also comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to gross negligence the use or willful misconduct conservation of the Landlordenergy, its agents or employees. Howeverwater, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlordgas, Tenant shall be entitled to abatement of Base Rentlight, or electricity or the pro rata portion thereof equivalent reduction of automobile or other emissions without creating any liability of Landlord to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant under this Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable 's use of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandPremises.

Interruption of Utilities. Except for an interruption caused Lessor has been advised by Lessee that the capacity of the utilities used by the gross former occupant of the Building, Baylor College of Medicine, is adequate to meet its normal use needs and Lessor agrees that said capacity shall be maintained during the Term and Lessor has no knowledge of any restrictions which would adversely affect Lessee's operations permitted under the Lease. Notwithstanding anything to the contrary contained in this Lease, if (i) there shall occur interruption or discontinuance of utilities or services to be provided or made available by Lessor as described in this Lease of such nature that Lessee is unable to, or does not, make normal use of the Premises, (ii) such interruption or discontinuance has not been caused in whole or substantial part, directly or indirectly, by the negligence or willful misconduct of LandlordLessee, its agents or Lessee's agents, employees, no contractors, subcontractors, subtenants or assignees, (iii) Lessee shall have given written notice respecting such interruption or malfunction of any utility services discontinuance to Lessor and Lessor shall have failed to cure such interruption or discontinuance for four (including, without limitation, water, sanitary sewer, gas4) consecutive days after Lessor receives said notice, and electricity (iv) the cause of such interruption or discontinuance of a utility is outside the Premises, then all rents payable herein shall automatically abatx xxxm the fifth (5th) business day until such time as the services or utilities are restored or Lessee begins normal use of the Premises again, whichever occurs first. For purposes of determining whether there is an interruption or discontinuance of utilities or services, an outage or series of outages totalling four (4) hours or more on any day shall constitute a breach an interruption or discontinuance of services or utilities for such day, but outages that in the aggregate are of shorter duration, shall not be considered. If (i) there shall occur interruption or discontinuance of utilities or services to be provided or made available by Landlord Lessor as described in this Lease of any such nature that Lessee is unable to, or does not, make normal use of its obligations hereunder the Premises, (ii) such interruption or render Landlord liable for any damages (except if discontinuance has not been caused in whole or substantial part, directly or indirectly, by the gross negligence or willful misconduct of LandlordLessee, its agents or Lessee's agents, employees. Landlord , contractors, subcontractors, subtenants or assignees, (iii) Lessee shall use reasonable efforts have given written notice respecting such interruption or discontinuance to promptly restore any utility service that becomes unavailable due Lessor and Lessor shall have failed to gross negligence cure such interruption or willful misconduct of the Landlord, its agents or employees. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises discontinuance for more than five ninety (590) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruptionreceiving said notice, and Landlord shall be obligated to pay (iv) the cause of such amounts to Tenant within fifteen (15) days after demandinterruption or discontinuance of a utility is outside the Premises, then Lessee may terminate the Lease.

Interruption of Utilities. Except Landlord shall not be liable for any Claim arising out of any failure to furnish, delay in furnishing, interruption of, or defect in any Utilities or services (including telephone and telecommunication services) for the Premises or Project, or for diminution in the quality or quantity thereof (each of such events, an “Interruption”) when the Interruption is entirely or partially caused by (a) breakage, damage or destruction beyond Landlord’s control; (b) the making of repairs, replacements, or improvements; (c) strike, lockout, or other labor trouble; (d) inability to secure reasonably affordable Utilities or services of any kind at the Project after reasonable effort to do so; (e) Casualty or Condemnation; (f) any act or omission of Tenant or of any other party; (g) changes in Utility Service Providers or the providers of other services; (h) failure of any Utility Service Provider to provide adequate services; or (i) any other Force Majeure event or cause beyond Landlord’s reasonable control provided, however, that if: (i) a material portion of the Premises is rendered untenantable for the operation of Tenant’s business due to an interruption or material reduction in the furnishing of any utilities or services which Landlord is required to furnish under this Lease (and Tenant does not use or occupy such portion of the Premises), and (ii) either (x) Landlord is entitled to be reimbursed by any insurance proceeds payable in connection with such rent abatement (provided, however, that Landlord shall not be required to carry such insurance), or (y) such interruption or material reduction is caused by the gross negligence or willful misconduct of Landlord, its agents then the monthly Base Rent and Additional Rent payable under Article 4 shall be abated in the proportion that the untenantable, unused rentable area of the Premises bears to the total rentable area of the Premises, on a day-to-day basis for each day, based on a thirty (30)-day month, that Tenant shall not use or employees, no occupy such portion of the Premises due to such interruption or malfunction reduction of utilities or services. The foregoing remedy shall be the sole and exclusive remedy of Tenant for any utility services Interruption lasting thirty (including, without limitation, water, sanitary sewer, gas30) days or less, and electricity services) thereafter, subject to the terms of this Lease, Tenant shall constitute a breach by Landlord have such remedies as allowed, and to the extent authorized, under applicable Laws, including the remedy of any constructive eviction of its obligations hereunder or render Landlord liable for any damages (except if caused by the gross negligence or willful misconduct of Landlord, its agents or employeesTenant. Landlord shall use reasonable efforts not be liable under any circumstances for loss of or injury to promptly restore property, or for injury to or interference with Tenant’s business, including any utility service that becomes unavailable due to gross negligence or willful misconduct loss of the Landlordprofits, its agents or employeesas a result of any Interruption. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, fully cooperate with all Rules imposed by Landlord or the pro rata portion thereof equivalent any Utility Service Provider relating to the portion use or conservation of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandUtilities.

Interruption of Utilities. Except Landlord shall have no liability to Tenant for any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the following: (a) accident, casualty, breakage or repairs; (b) strikes, lockouts or other labor disturbances or labor disputes of any such character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “xxxxx-out” or “black-out”; (f) act or default by Tenant or other party; or (g) any other cause beyond Landlord’s reasonable control. In addition, in the event of any such interruption in utilities or services, Tenant shall not be entitled to any abatement or reduction of Rent (except as expressly provided in Section 16 and Section 17 if such failure is a result of any casualty damage or Taking described therein), no eviction of Tenant shall result, and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for more than five (5) consecutive business days after notice from Tenant to Landlord as a result of an interruption in utilities, and such interruption in utilities (i) can be corrected through Landlord’s reasonable efforts, (ii) has been caused by the gross negligence or willful misconduct of Landlord, its agents (iii) does not result from any casualty damage (as provided in Section 16), a Taking (defined in Section 17) or any negligence, willful misconduct or breach of this Lease of or by Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, managers, members, principals, partners, officers, directors, employees, no agents, contractors, licensees or invitees, and (iv) results in Tenant ceasing to do business in (all or a portion of) the Premises, then, as Tenant’s sole remedy, Monthly Base Rent shall xxxxx for the period beginning on the sixth (6th) consecutive business day of such interruption in utilities and ending on the day such interruption in utilities ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or malfunction inaccessible and not occupied by Tenant. In the event of any utility stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or permitting the termination of this Lease due to an interruption, failure or inability to provide any services (including, without limitation, water, sanitary sewer, gas, and electricity services) shall constitute a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages (except if caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlord, Tenant shall be entitled to abatement of Base Rent, or the pro rata portion thereof equivalent to the portion extent the Premises are located in California, the provisions of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereof. If Landlord fails to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandCalifornia Civil Code §1932(1)).

Interruption of Utilities. Except Landlord shall have no liability to Tenant for an any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the gross negligence following: (a) accident, breakage or willful misconduct of Landlordrepairs; (b) strikes, its agents lockouts or employees, no interruption other labor disturbances or malfunction labor disputes of any utility services such character; (includingc) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, waterany electrical power “xxxxx-out” or “black-out”; or (f) any other cause beyond Landlord’s reasonable control. In addition, sanitary sewerin the event of any such interruption in utilities or services, gasTenant shall not be entitled to any abatement or reduction of Rent (except as expressly provided in this Section 7.5 and Articles 17 and 18 if such failure is a result of any casualty damage or taking described therein), no eviction of Tenant shall result, and electricity services) unless otherwise specified herein, Tenant shall constitute a breach by Landlord not be relieved from the performance of any covenant or agreement in this Lease. In the event of its obligations hereunder any stoppage or render Landlord liable for any damages (except if caused interruption of services or utilities which are not obtained directly by the gross negligence or willful misconduct of LandlordTenant, its agents or employees. Landlord shall use reasonable efforts diligently attempt to resume such services or utilities as promptly restore as practicable. Tenant hereby waives the provisions of any utility service that becomes unavailable applicable existing or future Law, ordinance or governmental regulation permitting the termination of this Lease due to gross negligence an interruption, failure or willful misconduct of inability to provide any services. Notwithstanding anything contained in this Lease to the Landlord, its agents or employees. Howevercontrary, if Tenant an interruption or suspension of services that is prevented from making within Landlord’s reasonable use of all or a control causes any portion of the Leased Premises to become untenantable by Tenant for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlorddays, then and only in that event, Tenant shall shall, as its sole and exclusive remedy, be entitled to a pro rata abatement of Monthly Base Rent, or the pro rata portion thereof equivalent Rent and Operating Expenses as to the such untenantable portion of the Leased Premises rendered reasonably unusable for use in commencing with the manner theretofore customarily used by Tenantsixth (6th) business day that the same is untenantable; provided, for each consecutive day (after such five (5) day period) however, that Tenant is so prevented from making reasonable use shall not be entitled to any abatement of Monthly Base Rent and Operating Expenses due to such untenantability of the Leased Premises (i) caused by any act or omission of Tenant or any of Tenant’s contractors, employees, agents, invitees or licensees; (ii) where Tenant requests Landlord to make a decoration, alteration, improvement or addition; or (iii) where the repair in question or the applicable portion thereof. If Landlord fails to restore the utility service for a period services in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, question are those which Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be is obligated to pay such amounts to Tenant within fifteen (15) days after demandmake or furnish under any of the provisions of this Lease.

Interruption of Utilities. Except for In the event of an interruption caused in, or failure or inability to receive any of the utilities described in Section 9.2 - “Description of Services” (a “Service Failure”), such Service Failure shall not, regardless of its duration, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant or, except as provided below in this Section 9.2, entitle Tenant to an abatement of rent or to terminate this Lease. Notwithstanding the gross negligence foregoing, if any Service Failure results from the negligent acts or willful misconduct negligent omissions of Landlord, or its agents or employees, no interruption or malfunction of any utility services (including, without limitation, water, sanitary sewer, gas, agents and electricity services) shall constitute a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages (except contractors and if caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord shall use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct of the Landlord, its agents or employees. However, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises are not usable by Tenant for more than five the conduct of Tenant’s business as a result of such Service Failure, then commencing on the fifth (55th) consecutive days because of business day, Base Rent and Additional Rent shall be abated for the unavailability of period that commences upon the utility service caused by Service Failure and continuing until such Service Failure is resolved. Notwithstanding Tenant’s entitlement to rent abatement under the gross negligence or willful misconduct of Landlordpreceding provisions, Tenant shall be entitled continue to abatement of Base Rent, or pay Tenant’s then current rent until such time as Landlord and Tenant agree on the pro rata portion thereof equivalent to the portion amount of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable use of the Leased Premises or the applicable portion thereofrent abatement. If Landlord fails and Tenant are unable to restore agree on the utility service for a period in excess amount of five such abatement within ten (510) consecutive business days of the date they commence negotiations regarding the abatement, then either party may submit the matter to binding arbitration pursuant to Sections 1280 et seq. of the California Code of Civil Procedure. If any Service Failure is caused by fire or other casualty then the provisions of Section 12 – “Damage or Destruction” shall control. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandfailure or inability.

Interruption of Utilities. Except Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially causedby: (a) Breakage, repairs, replacements, or improvements; (b) Strike, lockout, or other labor trouble; (c) Inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so;(d) Accident or casualty; (e) Act or default of Tenant or other parties; or (f) Any other cause beyond Landlord’s reasonable control. Such failure, delay, or diminution shall not be considered to constitute an interruption caused by eviction or a disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, unless the same arises from Landlord’s gross negligence or willful misconduct of misconduct. Except for damages, losses, costs, expenses and liabilities arising from Landlord, its agents or employees, no interruption or malfunction of any utility services (including, without limitation, water, sanitary sewer, gas, and electricity services) shall constitute a breach by Landlord of any of its obligations hereunder or render Landlord liable for any damages (except if caused by the ’s gross negligence or willful misconduct misconduct, Landlord shall not be liable under any circumstances for a loss of Landlordor injury to property or for injury to or interference with Tenant’s business, its agents including loss of profits through, in connection with, or employeesincidental to a failure to furnish any of the utilities or services under this Article 9. Landlord shall may comply with mandatory or voluntary controls or guidelinespromulgated by any government entity relating to the use reasonable efforts to promptly restore any utility service that becomes unavailable due to gross negligence or willful misconduct conservation of the Landlordenergy, its agents or employees. Howeverwater, if Tenant is prevented from making reasonable use of all or a portion of the Leased Premises for more than five (5) consecutive days because of the unavailability of the utility service caused by the gross negligence or willful misconduct of Landlordgas, Tenant shall be entitled to abatement of Base Rentlight, or electricity or the pro rata portion thereof equivalent to the portion reduction of the Leased Premises rendered reasonably unusable for use in the manner theretofore customarily used by automobile or other emissions without creating any liability of Landlord toTenant under this Lease as long as compliance with voluntary controls or guidelines does nut materially and unreasonably interfere with Tenant, for each consecutive day (after such five (5) day period) that Tenant is so prevented from making reasonable ’s use of the Leased Premises or the applicable portion thereof. If Landlord fails and as long as such compliance is uniformly applied to restore the utility service for a period in excess of five (5) consecutive days due to an interruption caused by the gross negligence or willful misconduct on the part of Landlord, its agents or employees, Tenant shall additionally have the right to then expend reasonable sums all tenants in the correction or curing of any such interruption, and Landlord shall be obligated to pay such amounts to Tenant within fifteen (15) days after demandBuilding.