Common use of No Eviction Clause in Contracts

No Eviction. The services described in this Article III shall be provided as long as this Lease is in full force and effect, subject to interruption caused by unavoidable delay, force majeure or acts of God, and conditions and causes beyond the control of Landlord. Furthermore, Landlord reserves the right to stop the service of the air-cooling, elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements desirable or necessary to be made in the reasonable judgment of Landlord, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall undertake to diligently commence and work toward completion of all necessary repairs. All discretionary repairs shall be done in a manner and at times, whenever reasonably appropriate, so as not to unnecessarily interfere with Tenant's Use and shall only be undertaken after giving Tenant three (3) days prior written notice. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, - 4 - ---------------/------------------- LANDLORD TENANT plumbing or electricity when prevented by exercising its right to stop service or by any cause whatsoever beyond Landlord's control or by human occupancy factors, or by failure of independent contractors to perform, or by Legal Requirements, or by mandatory energy conservation, or if Landlord elects voluntarily to cooperate in energy conservation at the request of any Legal Authority. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Base Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

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No Eviction. The services described in this Article III shall be provided as long as this Lease is in full force and effect, no Event of Default by Tenant exists, and no event has occurred which but for notice and/or the passage of time would constitute an Event of Default by Tenant, subject to interruption caused by unavoidable delayby, force majeure or acts of God, and conditions and causes beyond the control of Landlord. Furthermore, Landlord reserves the right to stop the service of the air-cooling, elevator, electrical, backup electrical generator power, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements desirable or necessary to be made in the reasonable judgment of Landlord, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall undertake to diligently commence and work toward completion of all necessary repairs. All discretionary repairs shall be done in a manner and at times, whenever reasonably appropriate, so as not to unnecessarily interfere with Tenant's Use and shall only be undertaken after giving Tenant three (3) days prior written noticealthough Landlord need not pay additional costs in order to make such arrangements). Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, - 4 - ---------------/------------------- LANDLORD TENANT plumbing plumbing, electricity or electricity backup electrical generator power when prevented by exercising its right to stop service or by Unavoidable Delay or by any cause whatsoever beyond Landlord's control or by human occupancy factors, or by failure of independent contractors to perform, or by Legal Requirements, or by mandatory energy conservation, or if Landlord elects voluntarily to cooperate in energy conservation at the request of any Legal Authority. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Base Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, provided such resulting interruption is not the result of Landlord's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Office Lease (Ibasis Inc)

No Eviction. The services described in this Article III shall be provided as long as this Lease is in full force and effect, subject to interruption caused by unavoidable delay, force majeure Interruption or acts curtailment of God, and conditions and causes beyond the control of Landlord. Furthermore, Landlord reserves the right to stop the service of the air-cooling, elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements desirable or necessary to be made in the reasonable judgment of Landlord, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall undertake to diligently commence and work toward completion of all necessary repairs. All discretionary repairs shall be done in a manner and at times, whenever reasonably appropriate, so as not to unnecessarily interfere with Tenant's Use and shall only be undertaken after giving Tenant three (3) days prior written notice. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, - 4 - ---------------/------------------- LANDLORD TENANT plumbing or electricity when prevented by exercising its right to stop any building service or by any cause whatsoever beyond Landlord's control or by human occupancy factors, or by failure of independent contractors to perform, or by Legal Requirements, or by mandatory energy conservation, or if Landlord elects voluntarily to cooperate in energy conservation at the request of any Legal Authority. The exercise of such right or such failure by Landlord utility shall not constitute an actual a constructive or constructive eviction, in whole or in part, or partial eviction nor entitle Tenant to any compensation or (except as otherwise expressly provided in Section 18.09 below) abatement of rent. Promptly after Landlord’s oral or written request, and without any liability to Tenant, Tenant shall stop operating any abatement of the heating, ventilating, air conditioning, electric, sanitary or diminution other systems, services or utilities serving the Premises, as well as all of Base Rent or Additional RentTenant’s HVAC Equipment and Equipment (as hereinafter defined), whenever and for so long as may be necessary by reason of accidents, emergencies, or relieve Tenant from the making of repairs or changes that Landlord is required by this Lease or by law to make or in good xxxxx xxxxx necessary. In addition, and without any liability to Tenant, Landlord reserves the right, without any liability to Tenant, to stop operating any of its obligations the heating, ventilating, air conditioning, electric, sanitary, elevator, or other building systems serving the Premises, and to stop the rendition of any of the other services required of Landlord under this Lease, or impose any liability upon Landlord or its agents whenever and for so long as may be necessary, by reason of an Unavoidable Delay (as such term is defined in Section 21.03 hereof). Landlord shall use reasonable efforts to the extent practicable to minimize any inconvenience to Tenant in connection with such stoppage; provided, however, the foregoing shall not require Landlord to perform any such repairs or annoyance changes on an overtime or premium time basis (unless Tenant agrees to Tenant, be responsible for the incremental costs of performing same on an overtime or injury premium time basis). Nothing contained in this Section or elsewhere in this Lease shall obligate Landlord to provide or interruption of Tenant's business, furnish any service to the Premises or otherwiseto Tenant that Landlord is not expressly required to provide or furnish.

Appears in 1 contract

Samples: Lease (Yelp Inc)

No Eviction. The services described in this Article III shall be provided as long as this Lease is in full force and effect, no Event of Default by Tenant exists, subject to interruption caused by unavoidable delay, force majeure or acts of God, and conditions and causes beyond the control of Landlord. Furthermore, Landlord reserves the right to stop the service of the air-cooling, elevator, electrical, backup electrical generator power, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements desirable or necessary to be made in the reasonable judgment of Landlord, repairs until such repairs, alterations, replacements or improvements repairs shall have been completed. Landlord shall undertake to diligently commence and work toward completion of all necessary repairs. All discretionary repairs shall be done in a manner and at times, whenever reasonably appropriate, so as not to unnecessarily interfere with Tenant's Use and shall only be undertaken after giving Tenant three (3) days prior written noticeor disrupt Tenant's business operations. Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, - 4 - ---------------/------------------- LANDLORD TENANT plumbing plumbing, electricity or electricity backup electrical generator power when prevented by exercising its right to stop service or by unavoidable delay or by any cause whatsoever beyond Landlord's control or by human occupancy factorscontrol, or by failure of independent contractors to perform, or by Legal Requirements, or by mandatory energy conservation, or if Landlord elects voluntarily to cooperate in energy conservation at the request of any Legal Authority. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Base Rent or Additional RentRent (provided Rent shall be abated if such services are not restored by Landlord within forty eight (48) hours, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Office Lease (Universal Access Inc)

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No Eviction. The services described in this Article III shall be provided as long as this Lease is in full force and effect, no Event of Default by Tenant exists, and no event has occurred which but for notice and/or the passage of time would constitute an Event of Default by Tenant, subject to interruption caused by unavoidable delay, force majeure or acts of God, and conditions and causes beyond the control of Landlord. Furthermore, Landlord reserves the right to stop the service of the air-cooling, elevator, electrical, plumbing or other mechanical systems or facilities in the Building when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements desirable or necessary to be made in the reasonable judgment of Landlord, until such repairs, alterations, replacements or improvements shall have been completed. Landlord shall undertake to diligently commence and work toward completion of all necessary repairs. All discretionary repairs shall be done in a manner and at times, whenever reasonably appropriate, so as not to unnecessarily interfere with Tenant's Use and shall only be undertaken after giving Tenant three (3) days prior written noticealthough Landlord need not pay additional costs in order to make such arrangements). Landlord shall have no responsibility or liability for interruption, curtailment or failure to supply cooled or outside air, heat, elevator, - 4 - ---------------/------------------- LANDLORD TENANT plumbing or electricity when prevented by exercising its right to stop service or by Unavoidable Delay or by any cause whatsoever beyond Landlord's control or by human occupancy factors, or by failure of independent contractors to perform, or by Legal Requirements, or by mandatory energy conservation, or if Landlord elects voluntarily to cooperate in energy conservation at the request of any Legal Authority. The exercise of such right or such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any _______________/ JK LANDLORD TENANT compensation or to any abatement or diminution of Base Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

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