LANDLORD NOT TO BE LIABLE. Landlord shall not be liable for failure to furnish or cause to be furnished any of the foregoing services when such failure is caused by accidents or conditions beyond the control of the Landlord, or by necessary repairs, labor disturbances or labor disputes of any character, whether resulting from or caused by acts of Landlord or otherwise; provided, however, that in any such events, Landlord shall make a prompt and diligent effort to cause the resumption of such services. Landlord shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing, nor shall any failure relieve Tenant from the duty to pay the full amount of rent herein reserved, or constitute or be construed as a constructive or other eviction of Tenant. If Tenant is in default under this Lease, Landlord shall have the right, at Landlord's option, to suspend or discontinue the foregoing services, or any thereof, during the continuance of any such default, and any such suspension or discontinuance shall not be deemed to be an eviction or ejection of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (GTC Telecom Corp), Lease (GTC Telecom Corp)
LANDLORD NOT TO BE LIABLE. Landlord shall not be liable for failure to furnish or cause to be furnished any of the foregoing services when such failure is caused by accidents or conditions beyond the control of the Landlord, or by necessary repairs, labor disturbances or labor disputes of any character, whether resulting from or caused by acts of Landlord or otherwise; provided, however, that in any such events, Landlord shall make a prompt and diligent effort to cause the resumption of such services. Landlord shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing, nor shall any failure relieve Tenant from the duty to pay the full amount of rent herein reserved, or constitute or be construed as a constructive or other eviction of Tenant. If Tenant is in default beyond any applicable notice and/or grace period under this Lease, Landlord shall have the right, at Landlord's option, to suspend or discontinue the foregoing services, or any thereof, during the continuance of any such default, beyond any applicable notice and/or grace period and any such suspension or discontinuance shall not be deemed to be an eviction or ejection of Tenant.
Appears in 2 contracts
Samples: Lease (GTC Telecom Corp), Lease Agreement (GTC Telecom Corp)
LANDLORD NOT TO BE LIABLE. Landlord shall not be liable for failure to furnish or cause to be furnished any of the foregoing services when such failure is caused by accidents or conditions beyond the control of the Landlord, or by necessary repairs, labor disturbances or labor disputes of any character, whether resulting from or caused by acts of Landlord or otherwise; provided, however, that in any of such events, Landlord shall make a prompt and diligent effort to cause the resumption of such services. Landlord shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing, excepting only where such loss or injury is solely the result of Landlord's willful misconduct; nor shall any such failure or misconduct by Landlord relieve Tenant from the duty to pay the full amount of rent herein reserved, or constitute or be construed as a constructive or other eviction of Tenant. If Tenant is in default under this Leasean Event of Default by Tenant, or a condition which with Notice or the passage of time or both would constitute an Event of Default by Tenant, exists, Landlord shall have the right, at Landlord's option, to suspend or discontinue the foregoing services, or any thereof, during the continuance of any such defaultEvent of Default or condition, and any such suspension or discontinuance shall not be deemed to be an eviction or ejection of Tenant.
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