Common use of INVOLUNTARY CESSATION OF SERVICES Clause in Contracts

INVOLUNTARY CESSATION OF SERVICES. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's covenants and obligations hereunder, to stop service of any or all of the HVAC, electric, sanitary, elevator (if any), and other systems serving the Premises, or to stop any other services required by Landlord under this Lease, whenever and for so long as may be necessary by reason of (i) accidents, emergencies, strikes, or the making of repairs or changes which Landlord or Agent, in good faith, deems necessary or (ii) any other cause beyond Landlord's reasonable control. Except in the event of accidents, emergencies or strikes, Landlord shall provide reasonable prior notice to Tenant of its intention to stop service for the purpose of making repairs or changes. Further, it is also understood and agreed that Landlord or Agent shall have no liability or responsibility for a cessation· of services to the Premises or to the Property that occurs as a result of causes beyond Landlord's or Agent's reasonable control. No such interruption of service shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord or Agent liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligations under this Lease, including, but not limited to, the obligation to pay Rent. Notwithstanding the foregoing, if as a result of any repair, alteration addition or improvement to the Building by or on behalf of Landlord, or the failure of Landlord to make any repair or to provide any service to the Premises which Landlord is obligated to make or provide (as the case may be) under this Lease (except if such failure is due to strike or other cause beyond the reasonable control of Landlord or a failure by the public utility to provide such service to the Building, except as hereinafter provided), Tenant and its employees cannot and do not use (except on an emergency basis) all or any portion of the Premises for the purposes for which they were leased, for a period of three (3) consecutive days, then Tenant shall be entitled to an abatement of all Rent for each day after said three (3) day period for such portion of the Premises which cannot be used as set forth above.

INVOLUNTARY CESSATION OF SERVICES. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's ’s covenants and obligations hereunder, to stop service of any or all of the HVACheating, air conditioning, electric, sanitary, elevator (if any)elevator, and or other Building systems serving the Premises, or to stop any other services required by Landlord under this Lease, whenever and for so long as may be necessary necessary, by reason of (i) accidents, emergencies, strikes, or the making of repairs or changes which Landlord or Agent, in good faithxxxxx xxxxx necessary, deems necessary or (ii) any other cause beyond Landlord's ’s reasonable control. Except in the event of accidents, emergencies or strikes, Landlord shall provide reasonable prior notice to Tenant of its intention to stop service for the purpose of making repairs or changes. Further, it is also understood and agreed that Landlord or Agent shall have no liability or responsibility for a cessation· cessation of services to the Premises or to in the Property that Building which occurs as a result of causes beyond Landlord's or Agent's reasonable ’s control. No such interruption of service shall be deemed an eviction or disturbance of Tenant's ’s use and possession of the Premises or any part thereof, or render Landlord or Agent liable to Tenant for damages, or relieve Tenant from performance of Tenant's ’s obligations under this Lease, including, but not limited to, Lease including the obligation to pay Rent. Notwithstanding the foregoing, (i) if as a result any interruption of any repair, alteration addition utilities or improvement services required to the Building be provided by or on behalf of Landlord, or the failure of Landlord to make any repair or to provide any service to the Premises which Landlord is obligated to make or provide (as the case may be) under this Lease shall continue for five (except if 5) business days after written notice from Tenant to Landlord; and (ii) such failure is due interruption of utilities or services shall render any portion of the Premises unusable for the normal conduct of Tenant’s business and Tenant, in fact, ceases to strike or other cause beyond the reasonable control of Landlord or a failure by the public utility to provide use and occupy such service to the Building, except as hereinafter provided), Tenant and its employees cannot and do not use (except on an emergency basis) all or any portion of the Premises for the purposes for which they were leased, for a period normal conduct of three its business; and (3iii) consecutive days, such interruption of utilities or services is due to the negligence or willful misconduct of Landlord; then Tenant shall be entitled to an abatement of all Rent for each day after said three (3) day period for payable hereunder with respect to such portion of the Premises rendered unusable for the normal conduct of Tenant’s business in which canTenant, in fact, ceases to use and occupy, shall be abated after the expiration of such five (5) business day period, in the event such utilities or services are not be used as set forth aboverestored, and continue until such time that the utilities or services are restored.

INVOLUNTARY CESSATION OF SERVICES. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's ’s covenants and obligations hereunder, to stop service of any or all of the HVAC, electric, sanitary, elevator (if any), and other systems serving the Premises, or to stop any other services required by Landlord under this Lease, (collectively, “Utility Services”), whenever and for so long as may be necessary by reason of (i) accidents, emergencies, strikesForce Majeure, or (ii) the making of repairs or changes which Landlord or Agent, in good faith, deems necessary or (ii) any other cause beyond Landlord's reasonable control. Except in the event of accidents, emergencies or strikes, Landlord shall provide reasonable prior notice to Tenant of its intention to stop service for the purpose of making repairs or changesnecessary. Further, it is also understood and agreed that Landlord or Agent shall have no liability or responsibility for a cessation· cessation of services Utility Services to the Premises or to the Property that occurs as a result of causes beyond Landlord's or Agent's reasonable controlForce Majeure. No such interruption of service shall be deemed an eviction or disturbance of Tenant's ’s use and possession of the Premises or any part thereof, or render Landlord or Agent liable to Tenant for damages, or relieve Tenant from performance of Tenant's ’s obligations under this Lease, including, but not limited to, the obligation to pay Rent. Notwithstanding In the foregoing, if as a result of any repair, alteration addition or improvement to the Building by or on behalf of Landlord, or the failure of Landlord to make any repair or to provide any service to the Premises which Landlord is obligated to make or provide (as the case may be) under this Lease (except if such failure is due to strike or other cause beyond the reasonable control of event that Landlord or its Agent negligently causes any interruption of Utility Services that persists for a failure by period in excess of five (5) consecutive business days and Tenant shall cease operating within the public utility to provide such service to the Building, except as hereinafter provided), Tenant and its employees cannot and do not use (except on an emergency basis) all or any impacted portion of the Premises for the purposes for which they were leasedsuch continuous period, for a period of three (3) consecutive daysTenant shall, then Tenant shall as Tenant’s sole remedy, be entitled to an a proportionate abatement of all Rent for each day after said three (3) day period for such portion to the extent, if any, of any actual loss of use of the Premises which canby Tenant. To the extent that Tenant is able to operate its business temporarily within the balance of the Premises without interruption, Tenant shall not be used as set forth aboveentitled to any such abatement. The foregoing shall be Tenant’s sole remedy in the event of an interruption negligently caused by Landlord or its Agents.

INVOLUNTARY CESSATION OF SERVICES. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's covenants and obligations hereunder, to stop service of any or all of the HVAC, electric, sanitary, elevator (if any), and or other systems serving the Premises, or to stop any other services required by Landlord under this Lease, whenever and for so long as may be necessary by reason of (i) accidents, emergencies, strikes, or the making of repairs or changes which Landlord or Agent, Agent in good faith, deems xxxxx xxxxx necessary or (ii) any other cause beyond Landlord's reasonable control. Except in the event of accidents, emergencies or strikes, Landlord shall provide reasonable prior notice to Tenant of its intention to stop service for the purpose of making repairs or changes. Further, it is also understood and agreed that Landlord or Agent shall have no liability or responsibility for a cessation· cessation of services to the Premises or to the Property that occurs as a result of causes beyond Landlord's or Agent's reasonable control. No such interruption of service shall be deemed an Rider 9A Landlord and Tenant hereby agree that Tenant will only be reusing four (4) of the existing Carrier 5 ton rooftop units. The four units to be reused will be identified by Tenant prior to construction of the Premises and the serial numbers provided to Landlord. Said four units will be considered to be the existing HVAC system as addressed in Section 13.1 (ii) and Section 13.2. eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord or Agent liable to Tenant for damages, or relieve Tenant from performance of Tenant's obligations under this Lease, including, but not limited to, the obligation to pay Rent. Notwithstanding ; provided, however, that if any interruption of services persists for a period in excess of five consecutive business days Tenant shall, as Tenant's sole remedy, be entitled to a proportionate abatement of Rent to the foregoingextent, if as a result any, of any repair, alteration addition or improvement to the Building by or on behalf actual loss of Landlord, or the failure of Landlord to make any repair or to provide any service to the Premises which Landlord is obligated to make or provide (as the case may be) under this Lease (except if such failure is due to strike or other cause beyond the reasonable control of Landlord or a failure by the public utility to provide such service to the Building, except as hereinafter provided), Tenant and its employees cannot and do not use (except on an emergency basis) all or any portion of the Premises for the purposes for which they were leased, for a period of three (3) consecutive days, then Tenant shall be entitled to an abatement of all Rent for each day after said three (3) day period for such portion of the Premises which cannot be used as set forth aboveby Tenant.

INVOLUNTARY CESSATION OF SERVICES. Landlord reserves the right, without any liability to Tenant and without affecting Tenant's ’s covenants and obligations hereunderhereunder (except as otherwise set forth herein), to stop service of any or all of the HVAC, electric, sanitary, elevator (if any), and other systems serving the Premises, or to stop any other services required by Landlord under this LeaseLease (collectively, “Services”), whenever and for so long as may be necessary by reason of (ia) accidents, emergencies, strikes, or the making of repairs or changes which Landlord or Agent, in good faith, deems necessary or (iib) any other cause beyond Landlord's ’s reasonable control. The foregoing rights shall be conditioned upon: (i) Landlord has taken reasonable steps to avoid any such stoppage of Services during normal business hours; (ii) Landlord provides Tenant with as much advanced written notice as is reasonably possible (under the applicable circumstances) prior to stopping any such Services; and (iii) Landlord takes reasonable steps to minimize the duration of stoppage of any such Services. Except as otherwise set forth in the event of accidentsthis Lease, emergencies or strikes, Landlord shall provide reasonable prior notice to Tenant of its intention to stop service for the purpose of making repairs or changes. Further, it is also understood and agreed that Landlord or Agent shall have no liability or responsibility for a cessation· of services to the Premises or to the Property that occurs as a result of causes beyond Landlord's or Agent's reasonable control. No such interruption of service Services shall be deemed an eviction or disturbance of Tenant's ’s use and possession of the Premises or any part thereof, or render Landlord or Agent liable to Tenant for damages, or relieve Tenant from performance of Tenant's ’s obligations under this Lease, including, but not limited to, the obligation to pay Rent. Notwithstanding ; provided, however, that if any interruption of Services persists for a period in excess of five (5) consecutive business days Tenant shall, as Tenant’s sole remedy (except as otherwise expressly provided in this Lease), be entitled to a proportionate abatement of Rent to the foregoingextent, if as a result any, of any repair, alteration addition or improvement to the Building by or on behalf actual loss of Landlord, or the failure use of Landlord to make any repair or to provide any service to the Premises by Tenant. For the avoidance of doubt, the loss of all or substantially all electricity and/or HVAC capabilities shall be deemed a full loss of use of the Premises. In the event that any full loss of use of the facilities exceeds sixty (60) consecutive calendar days in duration, Tenant shall have the option, in its sole discretion and upon written notice provided to Landlord (which notice shall be delivered to Landlord is obligated within five (5) business days after the expiration of such sixty (60) day period), of terminating this Lease without any further liability to make or provide (as the case may be) Landlord except for amounts owed to Landlord under this Lease prior the aforesaid sixty (except if 60) consecutive day period. Any such failure is due to strike or other cause beyond the reasonable control of Landlord or a failure by the public utility to provide such service to the Building, except termination shall be effective as hereinafter provided), Tenant and its employees cannot and do not use (except on an emergency basis) all or any portion of the Premises for the purposes for which they were leased, for a period expiration date of three (3) consecutive days, then Tenant shall be entitled to an abatement of all Rent for each such 60 day after said three (3) day period for such portion of the Premises which cannot be used as set forth aboveperiod.