Common use of Interruptions Clause in Contracts

Interruptions. Landlord shall not be liable to Tenant in damages or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents or employees entering the Premises for any of the purposes authorized in this Lease or for repairing, altering or improving the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premises. In case Landlord is prevented or delayed from making any repairs or replacements or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefor, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, when necessary by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Except as provided herein, Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided herein and in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord shall use reasonable diligence to make or cause to be made such repairs as may be required to machinery or equipment within the Building or on the Lot to Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building or Lot. After the Commencement Date, in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premises. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to after the terms and conditions of this LeaseCommencement Date, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease a total interruption that has been caused by the negligence or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise willful misconduct of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 belowLandlord, or by construction of improvements (2as opposed to repairs) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three thirty (330) consecutive business days after (i) Landlord’s receipt of written notice from days, Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base allowed to xxxxx the Rent by 50% for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any the pro rata portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations month in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of which the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasetakes place and continues.

Interruptions. Landlord shall not be liable to Tenant, nor shall ----------------------------- Tenant in damages have a claim for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business rent, arising from Landlord interruptions or its agents shortages of utilities or employees building services, or from Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairingrepairing the Premises, altering or improving any portion of the Building in a manner reasonable in light of and/or the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the PremisesProperty. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefortherefore, nor shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary unreasonable inconvenience tQ Tenant by reason thereof. Landlord also reserves the right to institute such policies, programs and measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to comply with applicable codes, rules, regulations or standards. In so doing, Landlord shall make reasonable efforts to avoid unreasonable inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages to the Building or employees from the necessity of Landlord's entering the Premises Premises, subject to Section 12.3, for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building or improvements or the Lot or Park, provided, however, (i) Landlord shall use reasonable efforts to remedy such losses or shortages as quickly as possible and (ii) Landlord, in a manner reasonable in light of the circumstances so long as making any such actions do entry, repairs or improvements shall not unreasonably materially interfere with Tenant’s 's use and occupancy of the Premises. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article XIII hereof, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord agrees to provide Tenant with reasonable advance notice prior to entering the Premises except in the case of emergency. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, provided that in each instance of stoppage, (i) the Landlord shall give Tenant such notice complete repairs as is practicable under soon as reasonably possible and (ii) Landlord makes reasonable efforts to end the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereofstoppage. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) 's use and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion occupancy of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. (a) Except as set forth in paragraph (b) below, Landlord shall not be liable to Tenant in damages or by for reduction of rent or otherwise by reason because of inconvenience or annoyance or for loss of business arising from Landlord or its agents agents, employees or employees independent contractors entering the Premises for any of the purposes authorized in this Lease or performing any construction activities in or about the Property, including completion of Landlord’s Remaining Base Building Work, but the foregoing shall not relieve Landlord from liability for repairingdamages caused by the negligence or willful misconduct of Landlord, altering its employees, agents or improving contractors. Landlord shall observe its obligations under Section 5.6 with respect to any entry upon the Building Premises in a manner reasonable accordance herewith. Except as set forth in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premises. In paragraph (b) below, in case Landlord is prevented or delayed from making any repairs or replacements or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part by reason of any cause reasonably beyond Landlord’s controlexcusable delay (as defined in Section 10.4), Landlord shall not be liable to Tenant therefor, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, or until necessary repairs have been completedreasonably necessary; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except circumstances. (b) Notwithstanding anything contained in case of emergency repairs Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject this Lease to the terms and conditions of this Leasecontrary, if (Ai) (1) Landlord fails to perform its maintenance obligations under this Lease an interruption or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruptioncurtailment, suspension or stoppage of any a service which that Landlord is required obligated to provide pursuant to Tenant under this Lease, including but not limited Lease that is necessary for Tenant’s use and occupancy of or access to the provision Premises, or any portion thereof, for the Permitted Use (an “Essential Service”) shall occur, except any of utilitiesthe same due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant ((1) and (2) each any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (Bii) such Service Interruption was the occurs or continues as a result of causesconditions that affect exclusively the Property as distinguished from conditions that affect an area that extends beyond the Property (such as a multi-block area along Arch or Washington Streets, events or circumstances within Landlord’s reasonable controlthe financial district of Boston, etc.), and (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (Diii) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written Landlord shall have received notice thereof from Tenant of such Service Interruption or (ii) Landlord become aware of such Service InterruptionTenant, and (Eiv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is are materially and adversely affected, then there shall be an abatement of one day’s Base Rent rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day business day period; provided, however, that if any portion part of the Premises is reasonably usable useable for Tenant’s normal business operations operations, or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the each daily abatement of Base Rent rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In If Tenant would otherwise be entitled to an abatement hereunder but for the event fact that the Service Interruption occurs or continues as a result of conditions that affect an area that extends beyond the Property, and Landlord receives compensation from insurance or a third party on account of such Service Interruption continues Interruption, then Landlord shall pay to Tenant an equitable portion of such compensation in relation to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises on account of such Service Interruption. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services unless such failure is the consequence of the negligence or misconduct of Landlord or Landlord’s agents, employees or contractors, and Landlord shall not otherwise be liable for more than ninety (90) daysany loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. Although Landlord is not exculpated from potential liability for failure or cessation of services to the extent the same is the consequence of the negligence or misconduct of Landlord or Landlord’s agents, employees or contractors, in no event shall Tenant may terminate have any right of set-off or deduction from rent payable under this Lease, under this Section 4.3 or otherwise, in connection therewith. In any event, Landlord agrees to use commercially reasonable efforts to restore such Essential Service and cure such Service Interruption, including, without limitation, use of overtime labor.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of or improvements or the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the PremisesLot. In case Landlord is prevented or delayed from making any repairs the repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefortherefore, nor nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, or shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject anything herein contained to the terms and conditions of contrary, this Lease, if (A) (1) Landlord fails paragraph shall not apply to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not power outages caused by Tenant Landlords failure or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) neglect to pay utility fees or the Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, 's failure to properly maintain the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseon site distribution systems.

Interruptions. (a) That Landlord shall not be liable to Tenant in damages for compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents or employees the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving the Building in a manner reasonable in light any portion of the circumstances so long Building, however the necessity may occur, except as such actions do not unreasonably interfere with Tenant’s use of the Premisesotherwise specifically provided in this Lease. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Section 5.1 shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. . (b) The Landlord reserves the right to stop any service or utility systemclose the Lot for a period not to exceed six (6) consecutive months in order to construct a parking deck over the Lot. So long as the Lot is closed, when necessary by reason of accident or emergency, or until necessary repairs and if and to the extent the Tenant shall not have been completed; provided, however, that available to it parking space for its employees in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances Lot and/or the use of the expected duration drive-through window, monthly rent shall be abated by the number of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject employee parking spots not available to the terms and conditions of this LeaseBank x $80.00 plus, if the drive-in window traffic cannot be accommodated, $1,040.00 per month (A) (1) Landlord fails the portion of the rent attributable thereto, to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 belowbe adjusted, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than if Lot closing occurs after year three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaselease term).

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord’s entering the Premises for any of the purposes authorized in by this Lease or for repairingrepairing the Premises, altering Building or improving the Building Lot as herein provided, in such case, notwithstanding Landlord’s diligent efforts in connection therewith (which such efforts shall never obligate Landlord to pay for overtime and/or premium time work, or to pay a manner reasonable in light of the circumstances so long premium for expedited delivery, except as such actions do not unreasonably interfere with additional costs are so authorized and paid for by Tenant’s use of the Premises. In case ), if Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s controlcontrol (expressly excluding Landlord’s financial inability), Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article VII or below in this Section 5.2, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord shall use reasonable efforts to restore such interrupted services, regardless of the cause of loss of such service. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereofTenant’s use and occupancy of the Premises. Notwithstanding the foregoing, and subject any language to the terms and conditions of this Leasecontrary, if (A) (1) Landlord fails due to perform any act or omission on the part of Landlord, its maintenance obligations agents, employees or contractors, electricity, heat, air conditioning, water or any other service or utility that Tenant is entitled to receive under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in is interrupted, and such interruption renders the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 belowPremises untenantable, or (2) there any portion thereof is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused reasonably inaccessible by Tenant or Tenant’s agentsmakes it impracticable for Tenant to conduct its business in the Premises, then if such interruption or cessation shall continue for a period of thirty (D) such Service Interruption continues for more than three (330) consecutive business days after (i) Landlord’s receipt of written notice thereof from Tenant of such Service Interruption to Landlord that the Premises are untenantable, or (ii) Landlord become aware of such Service Interruptionreasonably inaccessible, and (E) or Tenant cannot conduct its business as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affectedthereof, then there the Fixed Rent and additional rent shall be an abatement of one day’s Base Rent proportionately abated for each successive day during which such Service Interruption interruption or cessation continues after such three (3) consecutive Business Day period; provided, however, based upon that if any certain portion of the Premises is reasonably usable that are affected by such interruption (other than for reasons of casualty or eminent domain where the provisions of Article VII shall govern). Except as set forth in this Section 5.2 or in Article VII, the foregoing rights shall be Tenant’s normal business operations sole remedy at law or if Tenant conducts all or in equity for any part of its business operations interruptions described in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this LeaseSection 5.2.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot or Additional Parking Area. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect unnecessary inconvenience to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused Tenant by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasereason thereof.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving the Building in a manner reasonable in light of the circumstances so long as any portion thereof unless such actions do not unreasonably interfere with Tenant’s use of the Premisesevent is caused by Landlord's negligence. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergencyemergency acting in good faith, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance written notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright, by written notice to Tenant at least 10 days in advance, to institute such policies, programs and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is measures as may be required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance annoyance, injury, death or for loss of business arising from Landlord power or its agents other utility losses or employees shortages, air pollution or contamination, or from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord's control, including without limitation, loss of any applicable license or government approval) of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesfood service provided by Landlord pursuant to Section 5.1.5. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, constructive total or partial, eviction from the PremisesPremises but Landlord shall use reasonable and diligent efforts to correct the condition. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and and, in any event, will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord LESSOR shall not be liable to Tenant in damages LESSEE for compensation or by reduction of rent or otherwise any Rent due hereunder by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or shortages or from the necessity of LESSOR or its agents or employees entering the Leased Premises for repairing the Leased Premises or any portion of the purposes authorized in this Lease Building or for repairing, altering or improving Parking Lot however the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesnecessity arises. In case Landlord LESSOR is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part LESSOR’S part, by reason of any cause reasonably beyond Landlord’s LESSOR’S control, Landlord including, without limitation, strike, lockout, breakdown, accident, order or regulation by or of any governmental authority, or failure of supply, or due to any act or neglect of LESSEE, LESSOR shall not be liable to Tenant LESSEE therefor, nor shall LESSEE be entitled to any abatement or reduction of any Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s LESSEE’S favor that such failure constitutes actual or constructive, total or partial, eviction from the Leased Premises. Landlord LESSOR reserves the right to temporarily stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs Landlord repairs, LESSOR will give Tenant LESSEE reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant LESSEE by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails LESSOR agrees to use reasonable efforts to avoid interference with Tenant’s business operations in remedy the exercise cause of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 belowany interruption, or (2) there is an interruptionstoppage, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to delay described herein as soon as reasonably possible under the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasecircumstances.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord (a) power losses or its agents shortages, or employees (b) the necessity of Landlord's entering the Premises demised premises for any of the purposes authorized in this Lease lease authorized, including without limitation, for repairing or altering the demised premises or any portion of the Building or for repairing, altering bringing materials into and/or through the demised premises in connection with the making of repairs or improving the Building in a manner alterations. Landlord agrees to use reasonable in light of the circumstances so long as efforts to restore any such actions do not unreasonably interfere with Tenant’s use of the Premisesservice. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VIII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premisesdemised premises. Landlord reserves the right to stop any service or utility system, system when necessary in Landlord's opinion by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and and, in any event, Landlord will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, Landlord agrees that if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or a stoppage of any such service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues utility system for more than three ten (310) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruptiondays, and (E) if Tenant cannot reasonably conduct its business in the demised premises as a result of thereof, Fixed Rent shall thereafter xxxxx until such Service Interruption, the service or utility system is restored or Tenant is again able reasonably to conduct of Tenant’s normal its business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasedemised premises.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord (a) power losses or its agents shortages that are not within Landlord’s reasonable ability to control, or employees (b) the commercially reasonable necessity of Landlord’s entering the Demised Premises for any of the purposes authorized set forth in this Lease Lease, including without limitation, for repairing or altering the Demised Premises or any portion of the Building as required or permitted by this Lease, or for repairingbringing materials into and/or through the Demised Premises in connection with the making of repairs or alterations as the same may be reasonably necessary; provided, altering or improving the Building in a manner however, that Landlord shall use commercially reasonable in light of the circumstances so long as such actions do efforts not to unreasonably interfere with Tenant’s use of or occupancy of, or business operations in, the Demised Premises. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements or furnishing any services utility or service or performing any other covenant or duty to be performed on Landlord’s part (any such prevention, delay, interruption, suspension, or stoppage, an “Interruption”), by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in this Section 4(B) or Article VIII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Demised Premises. Landlord reserves the right to stop any service or utility system, system when necessary in Landlord’s reasonable opinion by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, which Landlord shall give Tenant such notice use diligent efforts to complete as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereofsoon as reasonably practicable. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and and, in any event, Landlord will use commercially reasonable efforts to avoid unnecessary inconvenience to Tenant Tenant, or unreasonable interference with Tenant’s business operations, by reason thereof. Notwithstanding the foregoing, and subject anything in this Lease to the terms and conditions of this Leasecontrary, if (Ai) (1) an Interruption shall occur as a result of the negligence or willful misconduct of Landlord, its agents, contractors, or employees or the failure by Landlord fails to perform its maintenance and repair obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements hereunder, except and to the Building or Landlord materially interferes with Tenant’s business operations extent due to actions taken under Section 8.9 below, the negligence or (2) there is an interruption, suspension or stoppage willful misconduct of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agentsagents employees, contractors or invitees, and (Dii) such Service Interruption continues for more than three five (35) consecutive business days after (i) Landlord’s receipt of Landlord shall have received written notice thereof from Tenant of such Service Interruption or (ii) Landlord become aware of such Service InterruptionTenant, and (Eiii) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Demised Premises is are materially and adversely affected, then there shall be an abatement of one day’s Base Rent Fixed Rent, Tenant’s Share of Taxes (as defined below), and Tenant’s Share of Operating Expenses (as defined below) for each day during which such Service Interruption continues after such three five (35) consecutive Business Day period; provided, however, that if any portion of the entire Premises is reasonably usable have not been rendered unusable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Permitted Use by the Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseequitably prorated.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance annoyance, injury, death or for loss of business arising from Landlord power or its agents other utility losses or employees shortages, air pollution or contamination, or from the necessity of Landlord’s entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light or the Lot or for any interruption or termination (by reason of any cause reasonably beyond Landlord’s control, including without limitation, loss of any applicable license or government approval) of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesfood service provided by Landlord pursuant to Section 5.1.5. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, constructive total or partial, eviction from the Premises. Landlord shall use reasonable efforts in case of power losses or shortages, air pollution or contamination by hazardous substances to restore the services required to be provided under this Lease. However, Xxxxxxxx agrees to use its best efforts to diligently remedy the situation and minimize the disruption to Xxxxxx’s business. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case ease of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent Annual Fixed Rent or otherwise Additional Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of Annual Fixed Rent or Additional Rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in unnecessary inconvenience to Tenant by reason thereof. To the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances extent within Landlord’s its reasonable control, (C) such Service Interruption was not caused Landlord shall use good faith efforts to promptly restore any service or utility suspended , curtailed or interrupted by Tenant Landlord or Tenant’s Landlord's agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption servants or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseemployees.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case case, notwithstanding Landlord’s diligent efforts in connection therewith, Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s control's control (expressly excluding Landlord's financial inability), Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes constitutes, actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise use and occupancy of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In Except as set forth in Article VII, the event such Service Interruption continues foregoing rights shall be Tenant’s sole remedy at law or in equity for more than ninety (90) days, Tenant may terminate the interruptions described in this LeaseSection 5.2.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering or improving the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of repairing the Premises, Building, or lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s control's control or in case Tenant's access to the Premises is limited by Landlord's repairs, alterations or improvements, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. (a) Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord or its agents or employees power losses and shortages, the necessity of Landlord’s entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving any portion of the Building in or Lot however the necessity may occur except as a manner reasonable in light result of the circumstances so long as such actions do not unreasonably interfere with TenantLandlord’s use of the Premisesnegligence, omission, fault, willful act or other misconduct. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s control, . Landlord shall not be liable to Tenant therefortherefore, nor, except as expressly provided in Section 7.1, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. . (b) Landlord reserves the right to stop any service or utility system, when necessary necessary, by reason of accident or emergency, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause cause(s) thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise Rent by reason of necessary inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord’s entering the Premises for any of the purposes authorized in this Lease authorized, or for repairing, altering repairing the Premises or improving the Building any portion thereof in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere accordance with Tenant’s use of the Premisesthis Lease. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s reasonable control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergencyemergency acting in good faith, or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance written notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright, by written notice to Tenant at least 10 days in advance, to institute such policies, programs and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is measures as may be required to provide pursuant to this Leasecomply with applicable municipal/governmental codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent or otherwise by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease authorized or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in ARTICLE VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord shall use reasonable efforts to avoid inconvenience to Tenant arising from interruptions in services and to restore such services and make related repairs as expeditiously as is practicable. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject to measures as may be necessary, required or expedient for the terms and conditions conservation or preservation of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease energy or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs energy services or improvements to the Building as may be necessary or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Leasecomply with applicable codes, including but not limited to the provision of utilitiesrules, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events regulations or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leasestandards.

Interruptions. Landlord shall not be liable to Tenant in damages for any ------------- compensation or by reduction of rent or otherwise Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord's entering the Premises for any of the purposes authorized in this Lease Lease, or for repairing, altering repairing the Premises or improving any portion of the Building in a manner or Lot, provided, however, that Landlord shall use commercially reasonable in light efforts to avoid unreasonable interference with or interruption of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of 's business activities within the Premises. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty to be performed on Landlord’s part 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Article VII, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the same give rise to a claim in Tenant’s 's favor that such failure constitutes actual or constructive, or total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding the foregoing, and subject to the terms and conditions of this Lease, if (A) (1) Landlord fails to perform its maintenance obligations under this Lease or fails to use reasonable efforts to avoid interference with Tenant’s business operations in the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances within Landlord’s reasonable control, (C) such Service Interruption was not caused by Tenant or Tenant’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Lease.

Interruptions. Landlord shall not be liable to Tenant in damages for any compensation or by reduction of rent Annual Fixed Rent or otherwise Additional Rent by reason of inconvenience or annoyance or for loss of business arising from Landlord power losses or its agents shortages or employees from the necessity of Landlord’s entering the Premises for any of the purposes authorized in by this Lease or for repairing, altering repairing the Premises or improving any portion of the Building in a manner reasonable in light of the circumstances so long as such actions do not unreasonably interfere with Tenant’s use of the Premisesor Lot. In case Landlord is prevented or delayed from making any repairs repairs, alterations or replacements improvements, or furnishing any services service or performing any other covenant or duty obligation to be performed on Landlord’s part part, by reason of any cause reasonably beyond Landlord’s controlcause, Landlord shall not be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction of Annual Fixed Rent or Additional Rent by reason thereof, nor shall the same give rise to a any claim in Tenant’s favor by Tenant that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Landlord reserves the right to stop any service or utility system, system when necessary by reason of accident or emergency, emergency or until necessary repairs have been completed; provided, however, that in each instance of stoppage, Landlord shall give Tenant such notice as is practicable under the circumstances of the expected duration of such stoppage and will exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. Notwithstanding Landlord also reserves the foregoingright to institute such policies, programs and subject measures as may be necessary, required or expedient for the conservation or preservation of energy or energy services or as may be necessary or required to the terms and conditions of this Leasecomply with applicable codes, if (A) (1) rules, regulations or standards. In so doing, Landlord fails to perform its maintenance obligations under this Lease or fails to use shall make reasonable efforts to avoid interference with Tenant’s business operations in unnecessary inconvenience to Tenant by reason thereof. To the exercise of rights hereunder with respect to repairs or improvements to the Building or Landlord materially interferes with Tenant’s business operations due to actions taken under Section 8.9 below, or (2) there is an interruption, suspension or stoppage of any service which Landlord is required to provide pursuant to this Lease, including but not limited to the provision of utilities, ((1) and (2) each a “Service Interruption”), (B) such Service Interruption was the result of causes, events or circumstances extent within Landlord’s its reasonable control, (C) such Service Interruption was not caused Landlord shall use good faith efforts to promptly restore any service or utility suspended , curtailed or interrupted by Tenant Landlord or TenantLandlord’s agents, (D) such Service Interruption continues for more than three (3) consecutive business days after (i) Landlord’s receipt of written notice from Tenant of such Service Interruption servants or (ii) Landlord become aware of such Service Interruption, and (E) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such three (3) consecutive Business Day period; provided, however, that if any portion of the Premises is reasonably usable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of the daily abatement of Base Rent shall be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. In the event such Service Interruption continues for more than ninety (90) days, Tenant may terminate this Leaseemployees.