Common use of Other Provisions Relating to Services Clause in Contracts

Other Provisions Relating to Services. No interruption in, or temporary stoppage of, any of the aforesaid services caused by repairs, renewals, improvements, alterations, strikes, lockouts, labor controversy, accidents, inability to obtain fuel or supplies, or other causes beyond Lessor's control shall be deemed an eviction or disturbance of Lessee's use and possession, or render Lessor liable for damages, by abatement of rent or otherwise or relieve Lessee from any obligation herein set forth; provided, however, notwithstanding the foregoing, if such interruption or temporary stoppage substantially interferes with Lessee's use of the Premises, and if same continues for a period in excess of thirty (30) days following written notice from Lessee to Lessor, Lessee shall be entitled to correct the same at Lessor's expense and, if Lessor fails to reimburse Lessee within thirty (30) days after written notice of the cost (and accompanying invoices), to deduct the cost thereof from the Rent next becoming due under the Lease; provided, in no event shall Lessee be entitled to offset more than twenty percent (20%) of monthly Base Rent in any month. In no event shall Lessor be required to provide any heat, air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authority. Lessor reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the above standards for utilities and services.

Appears in 3 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

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Other Provisions Relating to Services. No interruption in, or temporary stoppage of, any of the aforesaid services caused by repairs, renewals, improvements, alterations, strikes, lockouts, labor controversy, accidents, inability to obtain fuel or supplies, or other causes beyond Lessor's control shall will be deemed an eviction or disturbance of Lessee's Tenant’s use and possession, or render Lessor Landlord liable for damages, by abatement of rent or otherwise otherwise, or relieve Lessee Tenant from any obligation herein set forth; provided, however, notwithstanding that in the foregoingevent of any interruption in, or temporary stoppage of, any such services to the Premises, which interruption or stoppage is not due to any act or omission of Tenant, or those acting for or under Tenant (but regardless of any other Excused Delays), unless the failure of the re-institution of the same is due to any act or omission of Tenant or those acting for or under Tenant, (i) if the same continues for three (3) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that portion of the Premises which is rendered untenantable as a result of such interruption or temporary stoppage substantially interferes with Lessee's use stoppage, will thereafter xxxxx until such services are re-instituted, and (ii) if the same continues for one hundred eighty (180) consecutive days and the same has a material, adverse effect on the conduct of Tenant’s business in the Premises, and if same continues for a period in excess of thirty (30) days following then Tenant shall have the right to terminate this Lease by providing written notice from Lessee thereof to Lessor, Lessee shall be entitled Landlord prior to correct the same at Lessor's expense and, if Lessor fails to reimburse Lessee within thirty (30) days after written notice re-institution of the cost (and accompanying invoices), to deduct the cost thereof from the Rent next becoming due under the Lease; provided, in no event shall Lessee be entitled to offset more than twenty percent (20%) of monthly Base Rent in any monthapplicable services. In no event shall Lessor will Landlord be required to provide any heat, ventilating and air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authority. Lessor Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the above aforesaid standards for utilities and services.

Appears in 1 contract

Samples: Office Lease (Depomed Inc)

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Other Provisions Relating to Services. No interruption in, or temporary stoppage of, any of the aforesaid services caused by repairs, renewals, improvements, alterations, strikes, lockouts, labor controversy, accidents, inability this Article 7 describes is to obtain fuel or supplies, or other causes beyond Lessor's control shall be deemed an eviction or disturbance of Lessee's Tenant’s use and possessionpossession of the Premises, nor does any interruption or render Lessor liable for damages, by abatement of rent or otherwise or stoppage relieve Lessee Tenant from any obligation herein set forththis Lease describes, render Landlord liable for damages or entitle Tenant to any Rent abatement; provided, however, notwithstanding that if water, electricity, elevator service or heating, ventilation and air condition which is to be provided by Landlord under this Section 7 shall be interrupted to such an extent it renders the foregoingPremises untenantable for their intended purposes (i) as a result of the negligence or willful misconduct of Landlord or its agents, if employees or contractors, or (ii) as a result of an occurrence that is within the reasonable control of the Landlord and such interruption or temporary stoppage substantially interferes with Lessee's use of the Premises, and if same continues shall continue for a period in excess of thirty five (305) days following written consecutive Business Days after notice from Lessee to LessorTenant, Lessee then Basic Rent shall thereafter be entitled to correct equitably abated or reduced through the same at Lessor's expense and, if Lessor fails to reimburse Lessee within thirty (30) days after written notice of the cost (and accompanying invoices), to deduct the cost thereof from the Rent next becoming due under the Lease; provided, in no event date such interruption shall Lessee be entitled to offset more than twenty percent (20%) of monthly Base Rent in any monthcease. In no event shall Lessor be Landlord is not required to provide any heatheal, air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary mandatory governmental guidelines or lawsother Laws. Landlord has the exclusive right and discretion to select the provider of any utility or service to the Building and to determine whether the Premises or any other portion of the Building may or will be separately metered or separately supplied. Notwithstanding any contrary language in this Lease, ordinances or regulations of governmental authorityTenant may not obtain utility services directly from any supplier other than the supplier Landlord selects. Lessor Landlord reserves the (he right, from time Lime to timelime, to make reasonable and non-discriminatory modifications to the above standards for utilities and servicesservices so long as the standards are not reduced to a level below those generally implemented by the owners and operators of Comparable Buildings.

Appears in 1 contract

Samples: Lease Agreement (Everside Health Group, Inc.)

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