Common use of Interruption or Curtailment of Utilities Clause in Contracts

Interruption or Curtailment of Utilities. (a) 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, Landlord reserves the right, upon as much prior notice to Tenant as is practicable under the circumstances and no less than three business days’ notice except in the event of an emergency, to interrupt, curtail, or stop (i) the furnishing of hot and/or cold water, and (ii) the operation of the plumbing and electric systems (Landlord agreeing to use commercially reasonable efforts to (A) minimize the duration of any such interruption and (B) schedule such interruptions that are planned by Landlord, if any, after Tenant’s normal business hours; if such duration is reasonably expected to be for greater than 24 hours during any of Tenant’s normal business hours (as defined in Section 2.4(a) above), then Landlord shall provide alternate services during such period). Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. (b) Notwithstanding anything to the contrary in this Lease contained, if the Premises are rendered untenantable, in whole or in part, due to the failure of Landlord to (i) provide any of Landlord’s Services, or (ii) Landlord’s failure to provide reasonable means of access or egress to/from the Premises or to perform its repair or maintenance obligations such that, in either event, for the duration of the Interruption Cure Period (hereinafter defined), the continued operation in the ordinary course of Tenant’s business in any portion of the Premises (the “Affected Portion”) is materially and adversely affected and if Tenant ceases to use the Affected Portion in the ordinary course as the direct result of such lack of service or failure, then, provided that Landlord’s inability to cure such condition is not caused by the negligence or willful misconduct of any of the Tenant Parties, Base Rent, and additional rent on account of Operating Costs and Taxes shall be abated in proportion to such untenantability until the day such condition is completely corrected commencing on the first (1st) day of such lack of service or the date on which Landlord received notice of such failure, as the case may be. For purposes hereof, the

Interruption or Curtailment of Utilities. (a) 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, Landlord reserves the right, upon as much prior notice to Tenant as is practicable under the circumstances and no less than three business daystwenty-four (24) hours’ notice except in the event of an emergency, to interrupt, curtail, or stop (i) the furnishing of hot and/or cold water, and (ii) the operation of the plumbing and electric systems (Landlord agreeing to use commercially reasonable efforts to (A) minimize the duration of any such interruption and (B) schedule such interruptions that are planned by Landlord, if any, after Tenant’s normal business hours; if such duration is reasonably expected to be for greater than 24 hours during any of Tenant’s normal business hours (as defined in Section 2.4(a) above), then Landlord shall provide alternate services during such period)systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but but, subject to Section 9.5(b) below, there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. (b) Notwithstanding anything to the contrary in this Lease contained, if the Premises or a portion thereof are rendered untenantable, in whole or in part, due to the failure of Landlord to (i) provide any of Landlord’s Services, or (ii) Landlord’s failure to provide reasonable means of access or egress to/from the Premises or to perform its repair or maintenance obligations substantially untenantable such that, in either event, for the duration of the Interruption Cure Period (hereinafter defined), the continued operation in the ordinary course of Tenant’s business in any portion of the Premises is materially and adversely affected, and if Tenant ceases to use the affected portion of the Premises (the “Affected Portion”) is materially and adversely affected and if during the period of untenantability then, provided that Tenant ceases to use the Affected Portion in during the ordinary course as entirety of the direct result of Landlord Service Interruption Cure Period and that such lack of service or failure, then, provided that untenantability and Landlord’s inability to cure such condition is not caused by the negligence fault or willful misconduct neglect of any of the Tenant Parties, Base Rent, and additional rent on account of Operating Costs and Taxes shall thereafter be abated in proportion to such untenantability until the day such condition is completely corrected commencing on the first (1st) day of such lack of service or the date on which Landlord received notice of such failure, as the case may becorrected. For purposes hereof, thethe “Interruption Cure Period” shall be defined as seven (7) consecutive business days after Landlord’s receipt of written notice from tenant of the condition causing untenantability in the Affected Portion. The provisions of this Section 9.5(b) shall not apply in the event of untenantability caused by fire or other casualty, or Taking (hereinafter defined), which shall be governed by Section 15 below, or in the event of untenantability caused by causes beyond Landlord’s control or if Landlord is unable to cure such condition as the result of causes beyond Landlord’s control

Interruption or Curtailment of Utilities. (a) 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, Landlord reserves the right, upon as much prior notice to Tenant as is practicable under the circumstances and no less than three business daystwenty-four (24) hours’ notice except in the event of an emergency, to interrupt, curtail, or stop (i) the furnishing of hot and/or cold water, and (ii) the operation of the plumbing and electric systems systems, and/or (Landlord agreeing to use commercially reasonable efforts to (Aiii) minimize the duration of any such interruption and (B) schedule such interruptions that are planned by Landlord, if any, after Tenant’s normal business hours; if such duration is reasonably expected to be for greater than 24 hours during any of Tenant’s normal business hours (as defined in Section 2.4(a) above), then Landlord shall provide alternate services during such period)HVAC services. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but but, except as set forth herein, there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. (b) Notwithstanding anything to the contrary in this Lease contained, if the Premises are rendered untenantable, in whole or in part, due shall lack any service which Landlord is required to the failure of Landlord to (i) provide any of Landlord’s Serviceshereunder, or (ii) Landlord’s failure to provide reasonable means if Tenant's use and occupancy of access or egress to/from the Premises or to perform its repair any part thereof shall be disturbed in violation of Section 23 hereof (thereby rendering the Premises or maintenance obligations a portion thereof substantially untenantable) such that, in either event, for the duration of the Landlord Service Interruption Cure Period (hereinafter defined), the continued operation in the ordinary course of Tenant’s business in any portion of the Premises is materially and adversely affected, and if Tenant ceases to use the affected portion of the Premises (the “Affected Portion”) is materially and adversely affected and if Tenant ceases to use during the Affected Portion in the ordinary course period of untenantability as the direct result of such lack of service or failuredisturbance, then, provided that Tenant ceases to use the Affected Portion during the entirety of the Landlord Service Interruption Cure Period and that such untenantability and Landlord’s 's inability to cure such condition is not caused by the negligence fault or willful misconduct neglect of any of the Tenant Parties, Base Rent, and additional rent on account of Operating Costs and Taxes Rent shall thereafter be abated in proportion to such untenantability until the day such condition is completely corrected commencing on the first (1st) day of such lack of service or the date on which Landlord received notice of such failure, as the case may becorrected. For purposes hereof, thethe “Landlord Service Interruption Cure Period” shall be defined as five (5) consecutive business days after Xxxxxxxx’s receipt of written notice from Tenant of the condition causing untenantability in the Affected Portion. The provisions of this Section 9.6(b) shall not apply in the event of untenantability caused by causes beyond Landlord’s control or if Landlord is unable to cure such condition as the result of causes beyond Landlord’s control. The terms and provisions of this Section 9.6(b) shall be Tenant’s sole and exclusive remedy in the event of any breach by Landlord of Section 9.6.

Interruption or Curtailment of Utilities. (a) 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, Landlord reserves the right, upon as much prior notice to Tenant as is practicable under the circumstances and no less than three business daystwenty-four (24) hours’ notice except in the event of an emergency, to interrupt, curtail, or stop the following services (“Services”): (i) the furnishing of hot and/or cold water, and (ii) the operation of the plumbing and electric systems systems, and/or (Landlord agreeing to use commercially reasonable efforts to (Aiii) minimize the duration of any such interruption and (B) schedule such interruptions that are planned by Landlord, if any, after Tenant’s normal business hours; if such duration is reasonably expected to be for greater than 24 hours during any of Tenant’s normal business hours (as defined in Section 2.4(a) above), then Landlord shall provide alternate services during such period)HVAC services. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. (b) Notwithstanding anything to the contrary in this Lease contained, if the Premises are rendered untenantable, in whole or in part, due to the failure of Landlord to (i) provide any of Landlord’s Services, or (ii) except as set forth below. Landlord’s failure to provide reasonable means of access (or egress to/from cause to be provided) the Services or any other service required to be provided by Landlord under this Lease (thereby rendering the Premises or to perform its repair or maintenance obligations a portion thereof substantially untenantable) (a “Service Failure”) such that, in either event, for the duration of the Landlord Service Interruption Cure Period (as hereinafter defined), the continued operation in the ordinary course of Tenant’s business in any portion of the Premises (the “Affected Portion”) is materially and adversely affected and if Tenant ceases to use the Affected Portion affected portion of the Premises in the ordinary course (the “Affected Portion”) during the period of untenantability as the direct result of such lack of service or failurea Service Failure, then, provided that Landlord’s inability to cure such condition is not caused by the negligence acts or willful misconduct wrongful omissions of any of the Tenant PartiesParties (as hereinafter defined), Base Rent, Rent and Tenant’s obligation to pay additional rent Rent on account of Operating Costs and Taxes shall be equitably abated in proportion from and after the event giving rise to such untenantability interruption until the day such condition is completely corrected commencing on the first (1st) day of such lack of service or the date on which Landlord received notice of such failure, as the case may becorrected. For the purposes hereof, thethe “Landlord Service Interruption Cure Period” shall be defined as five (5) consecutive business days after written notice from Tenant identifying the condition causing untenantability in the Affected Portion. The remedies set forth in this Section 7.5 shall be Tenant’s sole and exclusive remedies on account of an interruption of services or Landlord default resulting in an interruption of services. The provisions of this Section 7.5 shall not apply in the event of a Casualty or Taking (which shall be governed by Article 13 below).

Interruption or Curtailment of Utilities. (a) 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, Landlord reserves the right, upon as much prior notice to Tenant as is practicable under the circumstances and no less than three business daystwenty-four (24) hours’ notice except in the event of an emergency, to interrupt, curtail, or stop (i) the furnishing of heat, air conditioning, ventilation and/or hot and/or cold water, and (ii) the operation of the life safety, plumbing and and/or electric systems (Landlord agreeing to use commercially reasonable efforts to (A) minimize the duration of any such interruption and (B) schedule such interruptions that are planned by Landlord, if any, after Tenant’s normal business hours; if such duration is reasonably expected to be for greater than 24 hours during any of Tenant’s normal business hours (as defined in Section 2.4(a) above), then Landlord shall provide alternate services during such period)systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, but but, subject to Section 9.6(b) below, there shall be no diminution or abatement of Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of Tenant’s obligations hereunder reduced, and Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. (b) Notwithstanding anything to the contrary in this Lease contained, if the Premises are rendered untenantable, in whole or in part, due to as a direct result of the failure of Landlord to provide (ior cause to be provided) provide any of Landlord’s Services, or (ii) Landlord’s failure service which Landlord is required to provide reasonable means of access or egress to/from the Premises or to perform its repair or maintenance obligations hereunder, such that, in either event, for the duration of the Landlord Service Interruption Cure Period (hereinafter defined), the continued operation in the ordinary course of Tenant’s business in any portion of the Premises is materially and adversely affected, and if Tenant ceases to use the affected portion of the Premises (the “Affected Portion”) is materially and adversely affected and if Tenant ceases to use the Affected Portion in the ordinary course as the direct result of such lack of service or failureservice, then, provided that Tenant ceases to use the Affected Portion during the entirety of the Landlord Service Interruption Cure Period and that Landlord’s inability to cure such condition is not caused by the negligence fault or willful misconduct neglect of any of the Tenant Parties, Base Rent, and additional rent on account of Operating Costs and Taxes Rent shall thereafter be abated in proportion with respect to such untenantability the Affected Portion until the day such condition is completely corrected commencing on the first (1st) day of such lack of service or the date on which Landlord received notice of such failure, as the case may becorrected. For purposes hereof, thethe “Landlord Service Interruption Cure Period” shall be defined as ten (10) consecutive business days after Xxxxxxxx’s receipt of written notice from Tenant of the condition causing untenantability in the Affected Portion. The remedy set forth in this Section 9.6(b) shall be Tenant’s sole and exclusive remedy on account of an interruption of services. The provisions of this Section 9.6(b) shall not apply in the event of Casualty or Taking (which shall be governed by Article 15 below) or in the event of untenantability caused by causes beyond Landlord’s control or if Landlord is unable to cure such condition as the result of causes beyond Xxxxxxxx’s control.