Common use of Interruption or Curtailment of Services Clause in Contracts

Interruption or Curtailment of Services. Sublessor reserves the right to interrupt, curtail, stop or suspend (a) the furnishing of elevator and other services, and (b) the operation of the plumbing and electric systems, whenever reasonably necessary for repairs, alterations or replacements required to be made hereunder; provided, however, that, except in the case of emergency, Sublessor shall provide Sublessee with not less than ten (10) business days prior notice of such interruption, curtailment or suspension and shall schedule the same (including, but not limited to, rescheduling the same as reasonably requested by Sublessee) so as to minimize any interference with Sublessee’s business operations, including, without limitation, scheduling such interruption, curtailment or suspension to occur on nights, weekends or holidays unless otherwise approved by Sublessee. Except as specifically provided by the remainder of this Article 14.6, there shall be no diminution or abatement of rent or other compensation due from Sublessee to Sublessor hereunder, nor shall this Lease be affected or any of Sublessee’s obligations hereunder reduced, and Sublessor shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Notwithstanding any other provision of this Lease to the contrary, in the event of any (i) interruption or curtailment of any service which Sublessor is required to provide to Sublessee pursuant to the terms of this Lease which materially and adversely affects Sublessee’s ability to use or occupy the Premises, and (ii) such interruption or curtailment results from the negligent, grossly negligent, wrongful or intentional acts or omissions of Sublessor, its employees, agents or contractors, and not Force Majeure, Sublessee shall, in addition to all other remedies at law or in equity, be permitted to a just and proportionate abatement of Fixed Rent, Additional Rent and Expenses (based on the nature and extent of the interference with Sublessee’s ability to use or occupy the Premises and on a per diem basis times the number of days such interruption or curtailment continues, and further reduced only by the portion of the Premises so affected); provided that Sublessee shall not be entitled to any abatement of Fixed Rent for any interruption or curtailment of services which is to the extent due to the negligent act or omission, wrongful acts or intentional misconduct of Sublessee or Sublessee’s Agents.

Interruption or Curtailment of Services. Sublessor When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or of difficulty or inability in securing supplies or labor, or of strikes, or of any other cause beyond the reasonable control of Landlord or other event(s) of Force Majeure, whether such other cause be similar or dissimilar to those hereinabove specifically mentioned until said cause has been removed, Landlord reserves the right to temporarily interrupt, curtail, stop or suspend (a) the furnishing of elevator heating, elevator, air conditioning, and other services, cleaning services and (b) the operation of the plumbing and electric systems, whenever reasonably necessary for repairs, alterations or replacements required . Landlord shall exercise due diligence to be made hereunder; provided, however, that, except in eliminate the case cause of emergency, Sublessor shall provide Sublessee with not less than ten (10) business days prior notice of any such interruption, curtailment curtailment, stoppage or suspension and shall schedule the same (includingsuspension, but not limited tobut, rescheduling the same except as reasonably requested by Sublessee) so as to minimize any interference with Sublessee’s business operations, including, without limitation, scheduling such interruption, curtailment or suspension to occur on nights, weekends or holidays unless otherwise approved by Sublessee. Except as specifically provided by the remainder of this Article 14.6, expressly set forth herein there shall be no diminution or abatement of rent or other compensation due from Sublessee Landlord to Sublessor Tenant hereunder, nor shall this Lease be affected or any of Sublesseethe Tenant’s obligations hereunder reduced, and Sublessor the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Notwithstanding any other provision the foregoing, Tenant shall be entitled to a proportionate abatement of this Lease to the contrary, Yearly Rent in the event of any a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) interruption the Premises (or curtailment of any material portion(s) thereof) shall lack any service which Sublessor Landlord is required to provide to Sublessee pursuant to hereunder thereby rendering the terms Premises (or such material portion(s)) untenantable for the entirety of this Lease the Landlord Service Interruption Cure Period (as defined below) and any additional period for which materially and adversely affects Sublessee’s ability to use or occupy the PremisesTenant is claiming an abatement hereunder, and (ii) such interruption or curtailment results from the negligent, grossly negligent, wrongful or intentional acts or omissions lack of Sublessorservice was not caused by Tenant, its employees, contractors, invitees or agents or contractors, and not Force Majeure, Sublessee shall, by a casualty (in addition which case Section 18 shall control); (iii) Tenant in fact ceases to all other remedies at law use the entire Premises (or in equity, be permitted to a just and proportionate abatement of Fixed Rent, Additional Rent and Expenses (based on such material portion(s)) for the nature and extent entirety of the interference with Sublessee’s ability to use or occupy the Premises Landlord Service Interruption Cure Period; and on a per diem basis times the number of days (iv) such interruption of service was the result of causes, events or curtailment continuescircumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. For the purposes hereof, and further reduced only by the portion “Landlord Service Interruption Cure Period” shall be defined as ten (10) consecutive business days after Landlord’s receipt of written notice from Tenant of the Premises so affected); provided that Sublessee shall not be entitled to any abatement of Fixed Rent for any interruption or curtailment of services which is to the extent due to the negligent act or omission, wrongful acts or intentional misconduct of Sublessee or Sublessee’s AgentsLandlord Service Interruption.

Interruption or Curtailment of Services. Sublessor When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or of difficulty or inability in securing supplies or labor, or of strikes, or of any other cause beyond the reasonable control of Landlord, whether such other cause be similar or dissimilar to those hereinabove specifically mentioned until said cause has been removed, Landlord reserves the right to interrupt, curtail, stop or suspend (ai) the furnishing of elevator and other servicesheating, elevator, air conditioning, and cleaning services and (bii) the operation of the plumbing and electric systems, whenever reasonably necessary for repairs, alterations or replacements required . Landlord shall exercise reasonable diligence to be made hereunder; provided, however, that, except in eliminate the case cause of emergency, Sublessor shall provide Sublessee with not less than ten (10) business days prior notice of any such interruption, curtailment curtailment, stoppage or suspension and shall schedule the same (includingsuspension, but not limited to, rescheduling the same as reasonably requested by Sublessee) so as to minimize any interference with Sublessee’s business operations, including, without limitation, scheduling such interruption, curtailment or suspension to occur on nights, weekends or holidays unless otherwise approved by Sublessee. Except as specifically provided by the remainder of this Article 14.6, there shall be no diminution or abatement of rent or other compensation due from Sublessee Landlord to Sublessor Tenant hereunder, nor shall this Lease be affected or any of Sublesseethe Tenant’s obligations hereunder reduced, and Sublessor the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Notwithstanding any other provision the foregoing, Tenant shall be entitled to a proportionate abatement of this Lease to the contrary, Yearly Rent in the event of any a Landlord Service Interruption (as defined below). For the purposes hereof, a “Landlord Service Interruption” shall occur in the event (i) interruption or curtailment of the Premises shall lack any service which Sublessor Landlord is required to provide to Sublessee pursuant to hereunder thereby rendering the terms Premises untenantable for the entirety of this Lease which materially and adversely affects Sublessee’s ability to use or occupy the PremisesLandlord Service Interruption Cure Period (as defined below), and (ii) such interruption or curtailment results from the negligent, grossly negligent, wrongful or intentional acts or omissions lack of Sublessorservice was not caused by Tenant, its employees, agents or employees contractors, and not Force Majeure, Sublessee shall, invitees or agents; (iii) Tenant in addition fact ceases to all other remedies at law or in equity, be permitted to a just and proportionate abatement of Fixed Rent, Additional Rent and Expenses (based on use the nature and extent entire Premises for the entirety of the interference with Sublessee’s ability to use or occupy the Premises Landlord Service Interruption Cure Period; and on a per diem basis times the number of days (iii) such interruption of service was the result of causes, events or curtailment continuescircumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. For the purposes hereof, and further reduced only by the portion “Landlord Service Interruption Cure Period” shall be defined as fifteen (15) consecutive business days after Landlord’s receipt of written notice from Tenant of the Premises so affected); provided that Sublessee shall not be entitled to any abatement of Fixed Rent for any interruption or curtailment of services which is to the extent due to the negligent act or omission, wrongful acts or intentional misconduct of Sublessee or Sublessee’s AgentsLandlord Service Interruption.

Interruption or Curtailment of Services. Sublessor Landlord reserves the right --------------------------------------- to interrupt, curtail, stop or suspend (a) the furnishing of elevator services (including the elevator) and other services, and (b) the operation of the plumbing plumbing, mechanical, heating and electric systems, systems whenever reasonably necessary for repairs, alterations alterations, replacements or replacements required improvements desirable or necessary to be made hereunder; provided, however, that, except in the case reasonable judgment of Landlord or whenever necessary due to accident or emergency, Sublessor shall provide Sublessee with not less than ten (10) business days prior notice difficulty or inability in securing supplies or labor strikes, or any other cause beyond the reasonable control of Landlord, whether such interruptionother cause be similar or dissimilar to those hereinabove specifically mentioned, curtailment or suspension and shall schedule the same (including, but not limited to, rescheduling the same as reasonably requested by Sublessee) so as to minimize any interference with Sublessee’s business operations, including, without limitation, scheduling such interruption, curtailment or suspension to occur on nights, weekends or holidays unless otherwise approved by Sublesseeuntil said cause has been removed. Except as specifically provided when caused by the remainder gross negligence of this Article 14.6Landlord, there shall be no diminution or abatement of rent or other compensation due from Sublessee Tenant to Sublessor Landlord hereunder, nor shall this Lease be affected or any of Sublessee’s Tenant's obligations hereunder reduced, and Sublessor Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, stoppage or suspension of services or systems, except that Landlord shall exercise all due diligence to eliminate the cause of same. Landlord agrees to provide reasonable prior written notice of any scheduled interruption, curtailment, stoppage or suspension, and in the case of an emergency or unscheduled interruption, to provide notice as is reasonable under the circumstances (including oral or telephonic notice). Landlord shall use diligent efforts to minimize the duration of any interruption of services, and where reasonably practicable, attempt to schedule work causing such interruption after Business Hours. Notwithstanding any the foregoing, if due to events arising or causes originating solely within the Building or only affecting the Building and no other provision of this Lease buildings, and if not due to the contrarydefault or the acts or negligence of the Tenant or any of Tenant's employees, in the event of any agents, contractors or invitees, (i) interruption the Premises lack sufficient heat, water, electricity or curtailment of any service which Sublessor is required to provide to Sublessee pursuant to the terms of this Lease which materially and adversely affects Sublessee’s ability to use or occupy the Premisesaccess, and (ii) such interruption or curtailment results from not less than one entire floor of the negligent, grossly negligent, wrongful or intentional acts or omissions of Sublessor, its employees, agents or contractorsPremises shall be rendered unusable for the Permitted Uses as a result thereof, and not Force Majeure(iii) such untenantability continues for 5 consecutive business days after Tenant provides Landlord with written notice of same, Sublessee shall, in addition to all other remedies at law or in equity, be permitted to a just and proportionate abatement the ratable portion of Fixed Rent, Additional Rent and additional rent on account of Operating Expenses (based on the nature and extent of the interference with Sublessee’s ability to use or occupy the Premises and on a per diem basis times the number of days shall be abated for such interruption or curtailment continues, and further reduced only by the portion of the Premises so affectedrendered untenantable thereby, commencing on the day immediately succeeding the expiration of such 5 business day period and ending on the date that the Premises (or such portion) are rendered tenantable. If the conditions set forth in clauses (i), (ii) and (iii) of the immediately preceding sentence shall continue for a period in excess of 30 consecutive days, Tenant shall have the right to terminate this Lease by giving written notice thereof to Landlord, and this Lease shall terminate 7 days after the date of receipt of said notice as if such date were the expiration date of this Lease; provided that Sublessee provided, however, if the Premises (or such portion thereof) shall not be entitled to any abatement of Fixed Rent for any interruption or curtailment of services which is rendered tenantable prior to the extent due to the negligent act or omissionexpiration of such 7 day period, wrongful acts or intentional misconduct such notice of Sublessee or Sublessee’s Agentstermination shall be null and void and of no further force and effect.