Restoration of Services. Landlord agrees to use reasonable efforts to restore any service that becomes unavailable. Such unavailability will not, however, render Landlord liable for any damages, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations under this Lease.
Restoration of Services. Following receipt of Tenant's request to do so, Landlord shall use good faith efforts to restore any service specifically to be provided under Paragraph 6.1 that becomes unavailable and which is in Landlord's reasonable control to restore; provided, however, that in no case shall the unavailability of such services or any other service (or any diminution in the quality or quantity thereof) or any interference in Tenant's business operations within the Premises render Landlord liable to Tenant or any person using or occupying the Premises under or through Tenant (including, without limitation, any contractor, employee, agent, invitee or visitor of Tenant) (each, a "Tenant Party") for any damages of any nature whatsoever caused thereby, constitute a constructive eviction of Tenant, constitute a breach of any implied warranty by Landlord, or entitle Tenant to any abatement of Tenant's rental obligations hereunder.
Restoration of Services. ABATEMENT. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant's obligations hereunder. If, however, Tenant is prevented from using the Premises for more than fifteen (15) consecutive business days because of the unavailability of any such service and such unavailability was not caused by a Tenant Party, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 15-day period) that Tenant is so prevented from using the Premises.
Restoration of Services. Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages (including consequential damages) caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations hereunder. Notwithstanding the foregoing, if Tenant is precluded from using, and does not use and occupy, the Premises (or a portion thereof) because the Premises are untenantable for a period in excess of fifteen (15) consecutive days after Landlord receives written notice of same from Tenant as a result of the unavailability of such services, then, provided such untenantability did not result from the negligence or willful misconduct of Tenant or any Tenant Party, the Rent (or a pro-rated portion thereof if only a portion of the Premises is untenantable) shall be abated on a per diem basis for the period of time commencing on the sixteenth (16th) day following receipt of the notice by Landlord until such time as Tenant reoccupies, or is able to reoccupy, the Premises or such portion thereof, as applicable. Notwithstanding the foregoing, the parties acknowledge that Tenant's right under this paragraph shall not be an exclusive remedy of Tenant but Landlord shall not be liable to Tenant for any unavailability of services unless same is solely caused by the intentional acts or gross negligence of Landlord.
Restoration of Services. In the event of a Network outage or interruption of service, NTL will endeavour to restore a connection and services as soon as possible. NTL’s Service Level Agreement (SLA) details are specified separately.
Restoration of Services. Landlord agrees to use reasonable efforts to restore any service that becomes unavailable. Except as specifically set forth below, such unavailability will not, however, render Landlord liable for any damages, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations under this Lease. Notwithstanding anything in this Section 5.4 to the contrary, (i) in the event that a disruption in any service which is within the reasonable control of Landlord results in the Premises becoming untenantable for the Permitted Use for fifteen (15) consecutive days, then commencing on the sixteenth (16/th/) day Base Rent shall xxxxx until such services are restored; and (ii) in the event that a disruption in any service which is within the reasonable control of Landlord results in the Premises becoming untenantable for the Permitted Use for ninety (90) consecutive days, then at anytime after the ninety-first (91/st/) day Tenant shall have the right to terminate this Lease effective thirty (30) days following Tenant's notice of termination to Landlord.
Restoration of Services. In the event of an emergency the Authority’s Contract Manager may call upon the Contractor to perform Restoration Services in order to repair, replace, and /or rebuild a portion of the Authority’s Service Property. The Contractor shall immediately perform the Restoration Services requested by the Authority’s Contract Manager. Contractor must obtain Authority’s written authorization within five (5) calendar days, of performing the Restoration Services in accordance with Authority policy in the form of a CTO.
Restoration of Services. To the extent within Landlord’s reasonable control, Landlord shall use commercially reasonable efforts to restore any service provided by Landlord in the event of any service interruption; however, no interruption of Landlord’s services shall render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty or any other provision of this Lease, entitle Tenant to terminate this Lease or to be relieved from any of Tenant’s obligations under this Lease, except that Tenant shall be entitled to a rental abatement (as its sole and exclusive remedy) if (i) the interruption was caused solely by Landlord’s negligent act or omission, (ii) the restoration of Landlord’s services is within Landlord’s reasonable control; and (iii) the interruption of Landlord’s services continues for more than ten (10) days after Landlord’s receipt of written notice of default and demand from Tenant, with rental to axxxx commencing as of the date service was interrupted. In no event shall Landlord be required to undertake extraordinary measures to restore services such as, but not limited to, providing supplemental generator or auxiliary HVAC systems.
Restoration of Services. IMPROVEMENTS; ALTERATIONS; REPAIRS; MAINTENANCE........................ 5 6.1. Improvements; Alterations......................................... 5 6.2.
Restoration of Services. AbatementLandlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. If, however, Tenant is prevented from using the Premises because of the unavailability of any such service for a period of twenty (20) consecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a Tenant Party or a governmental directive, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such 20 business day period) that Tenant is so prevented from using the Premises.
