Common use of Interruptions Due to Repairs Clause in Contracts

Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the Center, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Landlord), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the making of such changes, alterations, additions, improvements, repairs or replacements, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided further, with respect to the Music Hall only, Landlord shall, except in the case of an emergency, schedule any work or other such matters so as not to interfere with performances being staged at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoing, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basis. Except to the extent, if any, expressly provided for in this Lease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings or the Premises, or in or to fixtures, appurtenances or equipment therein.

Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the Center, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by LandlordXxxxxxxx), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with TenantXxxxxx’s use and occupancy of the Premises during the making of such changes, alterations, additions, improvements, repairs or replacements, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided further, with respect to the Music Hall only, Landlord shall, except in the case of an emergency, schedule any work or other such matters so as not to interfere with performances being staged at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoing, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basis. Except to the extent, if any, expressly provided for in this Lease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings or the Premises, or in or to fixtures, appurtenances or equipment therein.

Interruptions Due to Repairs. Landlord reserves the right ---------------------------- to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the CenterBuilding, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, that in no event shall the level of any Building building service decrease in any material respect from the level required of Landlord in this lease Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Landlord), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the making of such changesrepairs, alterations, additions, improvements, repairs or replacements, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided further, with respect to the Music Hall only, Landlord shall, except in the case of an emergency, schedule any work or other such matters so as not to interfere with performances being staged at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoing, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basis. Except to the extent, if any, expressly as otherwise provided for in this Lease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s 's other obligations under this Lease, and no liability on the part of Landlord, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings Building or the Premises, or in or to fixtures, appurtenances or equipment therein. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using for the conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for ten (10) consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide to the Premises any of the utilities and services required to be provided under this Lease (including Articles 11 and 16 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, (iii) any failure to provide access to the Premises and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's Operating Payment and Tenant's Tax Payment shall be abated or reduced, as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises. For purposes of this Section 7.4, Tenant shall not be deemed to have used the Premises for the conduct of its business as a result of the presence of limited numbers of employees of Tenant who are present within the Premises performing activities such as securing the Premises, removing files and computers and engaging in other limited commercial activities.

Interruptions Due to Repairs. (a) Landlord reserves the right to make make, at Landlord's cost except as otherwise provided in this Lease, all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the CenterBuilding, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, andreasonably necessary, provided further, that in no event shall the level of any Building service Service decrease in any material respect (other than de minimis) from the level required of Landlord in this lease Lease as a result thereof (other than minor, infrequent, temporary changes fluctuations in the level of such services during the performance of any such work by Landlord, the timing of which fluctuations shall, where commercially reasonable, be coordinated with Tenant), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the making of such changesrepairs, alterations, additions, improvements, repairs or replacements, replacements provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided furtherwhatsoever except at Tenant's sole cost and expense upon Tenant's request. Landlord shall provide Tenant with reasonable notice of the scope and schedule of any such work and, with respect to the Music Hall only, Landlord shall, except in the case event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of an emergency, schedule any work or other such matters so as not to interfere with performances being staged Tenant's business at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoingPremises, Landlord shall schedule its routine maintenance perform such work during periods of the year other than when the Radio City Christmas Spectacular is being performednon-business hours. Notwithstanding the foregoing, Except as expressly provided in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, this Lease to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basis. Except to the extent, if any, expressly provided for in this Leasecontrary, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s 's other obligations under this Lease, and no liability on the part of Landlord, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings Building or the Premises, or in or to fixtures, appurtenances or equipment therein.

Interruptions Due to Repairs. Landlord reserves the ---------------------------- right to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the CenterBuilding, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, that in no event shall the level of any Building building service decrease in any material respect from the level required of Landlord in this lease Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Landlord), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the making of such changesrepairs, alterations, additions, improvements, repairs or replacements, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided further, with respect to the Music Hall only, Landlord shall, except in the case of an emergency, schedule any work or other such matters so as not to interfere with performances being staged at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoing, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basis. Except to the extent, if any, expressly as otherwise provided for in this Lease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s 's other obligations under this Lease, and no liability on the part of Landlord, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings Building or the Premises, or in or to fixtures, appurtenances or equipment therein. Notwithstanding any contrary provision of this Lease, if Tenant is prevented from using for the conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for ten (10) consecutive Business Days (the "Eligibility Period") as a result of (i) any construction, repair, maintenance or alteration performed by Landlord after the Commencement Date and not necessitated by the negligence or willful misconduct of any Tenant Party, or (ii) the failure in any material respect of Landlord or its agents or contractors to provide to the Premises any of the utilities and services required to be provided under this Lease (including Articles 11 and 16 below) and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, (iii) any failure to provide access to the Premises and not caused by the negligence or willful misconduct of any Tenant Party or otherwise due to the occurrence of a casualty or condemnation, or (iv) because of the presence of Hazardous Materials in, on or around the Building, the Premises or the Real Property which were not caused or introduced by any Tenant Party and which Hazardous Materials pose a material and significant health risk to occupants of the Premises, then, in any and all such events, Tenant's obligation to pay Fixed Rent, Tenant's Operating Payment and Tenant's Tax Payment shall be abated or reduced, as the case may be, from and after the first (1st) day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises. For purposes of this Section 7.4, Tenant shall not be deemed to have used the Premises for the conduct of its business as a result of the presence of limited numbers of employees of Tenant who are present within the Premises performing activities such as securing the Premises, removing files and computers and engaging in other limited commercial activities.

Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the Center, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Landlord), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during in the making of such changesany repairs, alterations, additions, additions or improvements, repairs or replacements, provided that Landlord shall have no obligation to employ contractors or labor at overtime "overtime" or other premium pay rates or to incur any other overtime "overtime" costs or additional expenses whatsoever; provided further, with respect to the Music Hall only, Landlord shall, except in the case of an emergencythat Landlord, schedule any work at its expense (but subject to recoupment pursuant to Article 8 hereof), shall employ contractors or other such matters so as not to interfere with performances being staged labor at the Music Hall and, if circumstances demand so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that (i) results in order to accommodate such scheduling, the same shall be so performed a denial of access to the extent practicable on an overtime basis Premises, (ii) threatens the health or safety of any occupant of the Premises, or (iii) except in the case of casualty, materially interferes with Tenant's ability to conduct its business in the Premises. In all other cases, at Tenant's request and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoingexpense, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an at so-called overtime basisor other premium pay rates and incur any other overtime costs or expenses in making any repairs, to the extent practicablealterations, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basisadditions or improvements. Except to the extent, if any, expressly provided for in this Lease, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, Tenant and no liability on the part of Landlord, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings Building or the Premises, or in or to fixtures, appurtenances or equipment therein.

Interruptions Due to Repairs. Landlord reserves the right to make all changes, alterations, additions, improvements, repairs or replacements to the Ancillary Buildings and the CenterBuilding, including the Building Systems which provide services to Tenant, as Landlord deems necessary or reasonably desirable; provided that, as to the Music Hall, Landlord shall only make such changes, alterations, additions, improvements, repairs and replacements (a) as are its responsibility or which Tenant fails to make and Landlord furnishes a notice requesting such repair or replacement as provided in Section 7.2(a) and (b) or, (b) which Landlord has the right to make following an Event of Default by Tenant or (c) which Landlord, in its good faith judgment, deems necessary in the event of an emergency, and, provided further, that in no event shall the level of any Building service decrease in any material respect from the level required of Landlord in this lease Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Landlord), nor shall there be a denial of Tenant’s access to the Premises except in the event of any emergency to the extent that no practicable alternative exists. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the making of such changes, repairs, alterations, additions, improvements, repairs or replacements, replacements provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever; provided further, whatsoever unless such interference (i) materially interferes with respect access to the Music Hall onlyPremises, (ii) threatens the health and safety of any occupancy or (iii) materially interferes with Tenant’s ability to conduct its business in the Premises (in which event Landlord shall incur overtime or premium costs, subject to reimbursement pursuant to Article 8 below), and unless, upon Tenant’s request and expense (as to incremental costs in excess of regular, non-overtime pay rates only of laborers or contractors excluding employees of the Building), Landlord shall, except in the case of an emergency, schedule any work shall employ contractors or other such matters so as not to interfere with performances being staged labor at the Music Hall and, if circumstances demand overtime or other premium pay rates in order to accommodate such scheduling, the same shall be so performed to the extent practicable on an or incur other overtime basis and Tenant shall pay all of Landlord’s actual out-of-pocket costs incurred in connection with performing such work on an overtime basis. Without limiting the foregoing, Landlord shall schedule its routine maintenance during periods of the year other than when the Radio City Christmas Spectacular is being performed. Notwithstanding the foregoing, in circumstances where Landlord is not required to employ contractors or labor on an overtime basis, to the extent practicable, and provided Tenant shall agree to pay all actual, third party, out-of-pocket costs incurred by Landlord in excess of the costs Landlord would have otherwise incurred on a straight time basisadditional expenses. Except to the extent, if any, expressly as otherwise provided for in this LeaseSection 11.9, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord, Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Center, the Buildings Building or the Premises, or in or to fixtures, appurtenances or equipment therein. Landlord shall provide Tenant with reasonable prior notice of any repairs that affect the use of or access to the Premises.