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 will be deemed an eviction or disturbance of Tenant's use and possession, or render Landlord liable for damages, by abatement of rent or otherwise, or relieve Tenant from any obligation herein set forth; provided, however, that in the event of any interruption in, or temporary stoppage of, utility services to the Premises, which interruption or stoppage is within the reasonable control of Landlord and which also continues for ten (10) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that portion of the Office Space which is rendered untenantable as a result of such interruption or stoppage, will thereafter xxxxx until such services are re-instituted or the interruption or stoppage is no longer within Landlord's reasonable control. In no event will Landlord be required to provide any heat, ventilating, air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authority. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the aforesaid standards for utilities and services.

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 will shall be deemed an eviction or disturbance of Tenant's use and possession, or render Landlord liable for damages, by abatement of rent or otherwise, or relieve Tenant from any obligation herein set forth; provided, however, that in the event forth or render Landlord liable for damages or abatement of any interruption in, or temporary stoppage of, utility services to the Premises, which interruption or stoppage is within the reasonable control of Landlord and which also continues for ten (10) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that portion of the Office Space which is rendered untenantable as a result of such interruption or stoppage, will thereafter xxxxx until such services are re-instituted or the interruption or stoppage is no longer within Landlord's reasonable controlrent. In no event will shall Landlord be required to provide any heat, ventilating, air conditioning, electricity or other service services in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authorityany applicable Laws. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the aforesaid above standards for utilities and services. Notwithstanding anything to the contrary set forth hereinabove, in the event that the essential services to the Premises (which the parties hereby agree are electricity, water and HVAC service) are interrupted and (i) the interruption is caused by a matter within Landlord's control, (ii) the interruption continues for five (5) or more consecutive business days, (iii) the interruption renders all or a portion of the Premises untenantable and (iv) Tenant actually discontinues use of all or a portion of the Premises, Tenant shall be entitled to an abatement of Rent, beginning on the sixth (6th) business day after such interruption, based on the portion of the Premises which is untenantable and which tenant has discontinued using, with such abatement to continue until the applicable services have been substantially restored by Landlord.

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 will described in this Article 6 shall be deemed to be an eviction or disturbance of Tenant's ’s use and possessionpossession of the Premises, nor shall any interruption or stoppage of any such services relieve Tenant from any obligation described in this Lease, render Landlord liable for damages, by or entitle Tenant to any Rent abatement of rent or otherwiseexcept as otherwise provided in this Section 6.3. Except as otherwise expressly provided in this Article 6, or relieve Tenant from any obligation herein set forth; provided, however, that in the event of any interruption in, or temporary stoppage of, utility services to the Premises, which interruption or stoppage is within the reasonable control of Landlord and which also continues for ten (10) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that portion of the Office Space which is rendered untenantable as a result of such interruption or stoppage, will thereafter xxxxx until such services are re-instituted or the interruption or stoppage is no longer within Landlord's reasonable control. In no event will Landlord shall not be required to provide any heat, ventilating, air conditioning, electricity electricity, or other service in excess of that permitted by voluntary or involuntary governmental guidelines or laws, ordinances other Laws. Landlord shall have the exclusive right and discretion to select the provider of any utility or regulations service to the Property and to determine whether the Premises or any other portion of governmental authoritythe Property may or will be separately metered or separately supplied. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the aforesaid above standards for utilities and services. In the event that an interruption in services described in this Section 6 is caused by Landlord, its employees or the Property Manager and renders the use of the Premises by Tenant impracticable and such condition continues for a period of five (5) business days or more, all Base Rent (but not Operating Expenses) shall be abated on a per diem basis for the period in excess of five (5) business days that the use of the Premises by Tenant is impracticable. In all events of interruption in, or temporary stoppage of, any of the services described in this Article 6, Landlord shall use good faith commercially reasonable efforts to restore such affected service(s) as soon as practicable.

Other Provisions Relating to Services. No Subject to the limitations set forth below, no interruption in, or temporary stoppage of, of any of the aforesaid services caused by repairs, renewals, improvements, alterations, strikes, lockouts, labor controversy, accidents, inability this Article 6 describes is to obtain fuel or supplies, or other causes will be deemed an eviction or disturbance of Tenant's ’s use and possessionpossession of the Premises, nor does any interruption or render Landlord liable for damages, by abatement of rent or otherwise, or stoppage relieve Tenant from any obligation herein set forth; providedthis Lease describes, howeverrender Landlord liable for damages or entitle Tenant to any rent abatement. Landlord has the exclusive right and discretion, that in after reasonable consultation with Tenant, to select the event provider of any interruption in, utility or temporary stoppage of, utility services service to the Premises, which interruption Property and to determine whether the Premises or stoppage is within the reasonable control of Landlord and which also continues for ten (10) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that any other portion of the Office Space which is rendered untenantable as a result of such interruption Property may or stoppage, will thereafter xxxxx until such services are re-instituted be separately metered or the interruption or stoppage is no longer within Landlord's reasonable control. In no event will Landlord be required to provide any heat, ventilating, air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authorityseparately supplied. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the aforesaid above standards for utilities and services. If Tenant’s business operations in all or any portion of the Premises are interrupted or discontinued and Tenant substantially ceases all usual or customary business operations in such portion of the Premises as a result of interruption or stoppage in the Building Services to the Premises or such portion thereof, and such interruption, discontinuation and cessation continues, after written notice to Landlord, for more than twenty (20) days as a result of Force Majeure or more than seven (7) days as a result of any event which is not an event of Force Majeure, without being cured, then all rent due hereunder shall xxxxx with respect to such portion of the Premises in which any of such Building Services have been so interrupted or discontinued, beginning with the date such Building Services were interrupted or discontinued and continuing until the earlier of such time as such Building Services are restored or Tenant elects to continue substantial business operations within such portions of the Premises; provided, however, if any such interruption in Building Services shall cause Tenant to cease business operations in its computer operations center, then, all Rent due hereunder with respect to the remainder of the Premises shall xxxxx, but only to the extent that such remainder is rendered unusable for Tenant’s business operations because of Tenant’s inability to utilize its computer operations center. If Tenant substantially ceases all usual or customary business operations in its computer operations center and/or twenty-five percent (25%) or more of the Premises, because of any such interruption or discontinuance of any of the Building Services, and the interruption, discontinuance or cessation of Tenant’s usual and customary business operations because of the interruption in Building Services continues for a period of more than forty-five (45) days after the above-described written notice to Landlord as a result of a Site-Specific Force Majeure, for a period of more than one hundred eighty (180) days after the above-described written notice to Landlord as a result of an Area-Wide Force Majeure, or for a period of more than thirty (30) days after written notice to Landlord as a result of any event which is not an event of Force Majeure, then Tenant shall have the right at any time thereafter to terminate this Lease by written notice to Landlord delivered to Landlord at any time prior to the date as of which such Building Services are materially restored. During any time period when Tenant’s business operations in all or any portion of the Premises are interrupted or discontinued as a result of an interruption or discontinuance of any of the Building Services, Tenant may request that Landlord make available for Tenant’s use alternative space in the Building or within any building owned by Landlord in the approximately 19 acre commercial project adjacent to the Property, until such time as the Building Services are restored, on the following terms and conditions: (a) Landlord’s obligation to make such alternative space available to Tenant is subject to the reasonable availability of such space at the time of Tenant’s request; (b) Landlord shall not be obligated to make any space not in the Building available to Tenant unless (i) any lender holding a mortgage on the Building or such other building, as applicable, approves Tenant’s occupancy of such space, (ii) Tenant pays to Landlord, as rent for the use and occupancy of such space, the lesser of the fair market rent for such space and the Basic Rent per rentable square foot in effect for the Premises at the time of the interruption under this Lease, and (iii) Tenant pays all relocation expenses.

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 will shall be deemed an eviction or disturbance of Tenant's use and possession, or render Landlord liable for damages, by abatement of rent or otherwise, or relieve Tenant from any obligation herein set forth; providedforth or render Landlord liable for damages or, however, that in the event except as set forth below entitle Tenant to an abatement of any interruption in, or temporary stoppage of, utility services to the Premises, which interruption or stoppage is within the reasonable control of Landlord and which also continues for ten (10) consecutive business days, then all Base Rent, Operating Expenses and Real Estate Taxes, with respect to that portion of the Office Space which is rendered untenantable as a result of such interruption or stoppage, will thereafter xxxxx until such services are re-instituted or the interruption or stoppage is no longer within Landlord's reasonable controlrent. In no event will shall Landlord be required to provide any heat, ventilating, air conditioning, electricity or other service in excess of that permitted by voluntary or involuntary guidelines or laws, ordinances or regulations of governmental authorityany applicable Laws. Landlord reserves the right, from time to time, to make reasonable and non-discriminatory modifications to the aforesaid above standards for utilities and services. Notwithstanding anything to the contrary set forth hereinabove, in the event that the essential services to the Premises (which the parties hereby agree are electricity, water, sanitary sewer, elevator and HVAC service) are interrupted and (i) the interruption continues for five (5) or more consecutive business days, (ii) the interruption is caused by a matter within Landlord's control, (iii) the interruption renders all or a portion of the Premises untenantable and (iv) Tenant actually discontinues use of all or a portion of the Premises, Tenant shall be entitled to an abatement of Rent, beginning on the sixth (6th) business day after such interruption begins, based on the portion of the Premises which is untenantable and which Tenant has discontinued using, with such abatement to continue until the applicable services have been materially restored by Landlord. Landlord shall use commercially reasonable efforts to restore interrupted services.