Common use of Interruptions Due to Repairs Clause in Contracts

Interruptions Due to Repairs. (a) Landlord shall minimize interference with Tenant’s use and occupancy of the Premises during the making of any repairs, alterations, additions, improvements, repairs or replacements, Landlord shall provide Tenant with reasonable notice of the scope and schedule of any such work and, in the event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of Tenant’s business at the Premises, Landlord shall perform such work during non-business hours. Except as expressly provided in this Lease to the contrary, there shall be no allowance to Tenant for a diminution of rental value, no abatement of rent, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs or performing maintenance as provided for herein. (b) Notwithstanding anything to the contrary contained in this Lease, if Tenant is unable to use the Building (or any portion thereof) for the ordinary conduct of Tenant’s business due to an interruption of an Essential Service (as hereinafter defined) resulting from (a) Landlord’s performance of an alteration, addition, impairment, repair or replacement to the Premises, or due to Landlord’s entry into the Premises, or for any other reason within Landlord’s or its agent’s reasonable control, or (b) any of the causes described in Section 27 hereof, and such condition continues for a period in excess of six (6) consecutive days after (i) Tenant furnishes a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to so use the Premises (or portion thereof) is due to such condition, and (ii) Tenant does not actually use or occupy the Premises (or portion thereof) during such period for the ordinary conduct of its business, then Annual Base Rent, Taxes and Building Expenses for such portion of the Building that is both untenantable and unoccupied (determined based upon the ratio which the square footage of such portion of the Building, determined using the BOMA Standard bears to the Rentable Area of the Building) shall be abated on a per diem basis for the period commencing on the seventh (7th) date after the Essential Service is interrupted and ending on the earlier of (x) the date Tenant reoccupies such portion of the Premises for the ordinary conduct of its business, and (y) the date on which such condition is remedied in all material respects. “Essential Service” shall mean any of the service and utilities described in Section 23 hereof.

Interruptions Due to Repairs. (a) Landlord shall minimize interference with Tenant’s use and occupancy of reserves the Premises during the making of any repairsright to make all changes, alterations, additions, improvements, repairs or replacementsreplacements to the Building, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall provide Tenant with reasonable notice the level of any Building service decrease in any material respect from the scope and schedule 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 and, in the event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of Tenant’s business at the Premises, Restorative Work). Landlord shall perform use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such work during non-business hoursRestorative Work. Except as expressly provided in this Lease to the contrary, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no abatement actual or constructive eviction of rentTenant, 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 performing, or failing to perform, any repairs or performing maintenance as provided for herein. (b) Restorative Work. Notwithstanding anything to the any contrary contained in provision of this Lease, if Tenant is unable to use the Building (or any portion thereof) prevented from using for the ordinary conduct of Tenant’s business due to an interruption of an Essential Service (as hereinafter defined) resulting from (a) Landlord’s performance of an alteration, addition, impairment, repair or replacement to the Premises, or due to Landlord’s entry into the Premises, or for any other reason within Landlord’s or its agent’s reasonable control, or (b) any of the causes described in Section 27 hereof, and such condition continues for a period in excess of six (6) consecutive days after (i) Tenant furnishes a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to so use the Premises (or portion thereof) is due to such condition, and (ii) Tenant does not actually use or occupy the Premises (or portion thereof) during such period for the ordinary conduct of its business, then Annual Base Rent, Taxes and Building Expenses for such portion of the Building that is both untenantable and unoccupied (determined based upon the ratio which the square footage of such portion of the Building, determined using the BOMA Standard bears to the Rentable Area of the Building) shall be abated on a per diem basis for the period commencing on the seventh (7th) date after the Essential Service is interrupted and ending on the earlier of (x) the date Tenant reoccupies such portion of the Premises for the ordinary conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for fifteen (y15) 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 date on which such condition is remedied failure in all any material respects. “Essential Service” shall mean respect of Landlord or its agents or contractors to provide to the Premises any of the service utilities and utilities described services required to be provided under this Lease (including Articles 10 and 14 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, or (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, then, in Section 23 hereofany 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.

Interruptions Due to Repairs. (a) Landlord shall minimize interference with Tenant’s use and occupancy of reserves the Premises during the making of any repairsright to make all changes, alterations, additions, improvements, repairs or replacementsreplacements to the Building, including the Building Systems (collectively, "RESTORATIVE WORK"), as Landlord deems necessary or desirable, provided that in no event shall provide Tenant with reasonable notice the level of any Building service decrease in any material respect from the scope and schedule 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 and, in the event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of Tenant’s business at the Premises, Restorative Work). Landlord shall perform use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such work during non-business hoursRestorative Work. Except as expressly provided in this Lease to the contrary, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no abatement actual or constructive eviction of rentTenant, 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 performing, or failing to perform, any repairs or performing maintenance as provided for herein. (b) Restorative Work. Notwithstanding anything to the any contrary contained in provision of this Lease, if Tenant is unable to use the Building (or any portion thereof) prevented from using for the ordinary conduct of Tenant’s business due to an interruption of an Essential Service (as hereinafter defined) resulting from (a) Landlord’s performance of an alteration, addition, impairment, repair or replacement to the Premises, or due to Landlord’s entry into the Premises, or for any other reason within Landlord’s or its agent’s reasonable control, or (b) any of the causes described in Section 27 hereof, and such condition continues for a period in excess of six (6) consecutive days after (i) Tenant furnishes a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to so use the Premises (or portion thereof) is due to such condition, and (ii) Tenant does not actually use or occupy the Premises (or portion thereof) during such period for the ordinary conduct of its business, then Annual Base Rent, Taxes and Building Expenses for such portion of the Building that is both untenantable and unoccupied (determined based upon the ratio which the square footage of such portion of the Building, determined using the BOMA Standard bears to the Rentable Area of the Building) shall be abated on a per diem basis for the period commencing on the seventh (7th) date after the Essential Service is interrupted and ending on the earlier of (x) the date Tenant reoccupies such portion of the Premises for the ordinary conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for fifteen (y15) 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 date on which such condition is remedied failure in all any material respects. “Essential Service” shall mean respect of Landlord or its agents or contractors to provide to the Premises any of the service utilities and utilities described services required to be provided under this Lease (including Articles 10 and 14 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, or (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, then, in Section 23 hereofany 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.

Interruptions Due to Repairs. Landlord reserves the right ---------------------------- to make all changes, alterations, additions, improvements, repairs or replacements to the Building, including the Building Systems which provide services to Tenant, as Landlord deems necessary or desirable, provided 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 as a result thereof (a) other than temporary changes in the level of such services during the performance of any such work by Landlord). Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the making of any such repairs, alterations, additions, improvements, repairs or replacements, provided that Landlord shall provide Tenant with reasonable notice of the scope and schedule of have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any such work and, in the event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of Tenant’s business at the Premises, Landlord shall perform such work during non-business hoursovertime costs or additional expenses whatsoever. Except as expressly otherwise provided in this Lease to the contraryLease, there shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no abatement actual or constructive eviction of rentTenant, 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 making, or failing to make, any repairs repairs, alterations, additions or performing maintenance as provided for herein. (b) improvements in or to any portion of the Building or the Premises, or in or to fixtures, appurtenances or equipment therein. Notwithstanding anything to the any contrary contained in provision of this Lease, if Tenant is unable to use the Building (or any portion thereof) prevented from using for the ordinary conduct of Tenant’s business due to an interruption of an Essential Service (as hereinafter defined) resulting from (a) Landlord’s performance of an alteration, addition, impairment, repair or replacement to the Premises, or due to Landlord’s entry into the Premises, or for any other reason within Landlord’s or its agent’s reasonable control, or (b) any of the causes described in Section 27 hereof, and such condition continues for a period in excess of six (6) consecutive days after (i) Tenant furnishes a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to so use the Premises (or portion thereof) is due to such condition, and (ii) Tenant does not actually use or occupy the Premises (or portion thereof) during such period for the ordinary conduct of its business, then Annual Base Rent, Taxes and Building Expenses for such portion of the Building that is both untenantable and unoccupied (determined based upon the ratio which the square footage of such portion of the Building, determined using the BOMA Standard bears to the Rentable Area of the Building) shall be abated on a per diem basis for the period commencing on the seventh (7th) date after the Essential Service is interrupted and ending on the earlier of (x) the date Tenant reoccupies such portion of the Premises for the ordinary conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for ten (y10) 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 date on which such condition is remedied failure in all any material respects. “Essential Service” shall mean respect of Landlord or its agents or contractors to provide to the Premises any of the service utilities and utilities described 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 23 hereof7.4, 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 shall minimize interference with Tenant’s use and occupancy of reserves the Premises during the making of any repairsright to make all changes, alterations, additions, improvements, repairs or replacementsreplacements to the Real Property, including the Building Systems (collectively, "Restorative Work"), as Landlord deems necessary or desirable, provided that in no event shall provide Tenant with reasonable notice the level of any Building service decrease in any material respect from the scope and schedule 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 and, in the event that the completion thereof is reasonably likely to disrupt (other than in a de minimis manner) the operation of Tenant’s business at the Premises, Restorative Work). Landlord shall perform use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the performance of such work during non-business hoursRestorative Work. Except as expressly provided in this Lease to the contrary, there There shall be no Rent abatement or allowance to Tenant for a diminution of rental value, no abatement actual or constructive eviction of rentTenant, 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 performing, or failing to perform, any repairs Restorative Work. Landlord shall use its commercially reasonable efforts to restore any interruption of access, use or performing maintenance services as provided for herein. (b) soon as reasonably possible. Notwithstanding anything to the any contrary contained in provision of this Lease, if Tenant is unable to use the Building (or any portion thereof) prevented from using for the ordinary conduct of Tenant’s business due to an interruption of an Essential Service (as hereinafter defined) resulting from (a) Landlord’s performance of an alteration, addition, impairment, repair or replacement to the Premises, or due to Landlord’s entry into the Premises, or for any other reason within Landlord’s or its agent’s reasonable control, or (b) any of the causes described in Section 27 hereof, and such condition continues for a period in excess of six (6) consecutive days after (i) Tenant furnishes a notice to Landlord (the “Abatement Notice”) stating that Tenant’s inability to so use the Premises (or portion thereof) is due to such condition, and (ii) Tenant does not actually use or occupy the Premises (or portion thereof) during such period for the ordinary conduct of its business, then Annual Base Rent, Taxes and Building Expenses for such portion of the Building that is both untenantable and unoccupied (determined based upon the ratio which the square footage of such portion of the Building, determined using the BOMA Standard bears to the Rentable Area of the Building) shall be abated on a per diem basis for the period commencing on the seventh (7th) date after the Essential Service is interrupted and ending on the earlier of (x) the date Tenant reoccupies such portion of the Premises for the ordinary conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for 15 consecutive Business Days (ythe "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 date on which such condition is remedied failure in all any material respects. “Essential Service” shall mean respect of Landlord or its agents or contractors to provide to the Premises any of the service utilities and utilities described services required to be provided under this Lease (including Article 10 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 Section 23 hereofany 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.