Common use of Restoration of Services; Abatement Clause in Contracts

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service 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. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty (30) consecutive days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, for each consecutive day (after such thirty (30) day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereof.

Appears in 3 contracts

Samples: Lease Agreement (ReachLocal Inc), Lease Agreement (Catalog Com Inc), Lease Agreement (Catalog Com Inc)

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Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service that becomes unavailable; provided however, such unavailability unavailability, irrespective of the cause thereof, shall not render Landlord liable for any damages caused thereby, be a constructive eviction of or disturbance 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 ’s obligations hereunder. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty seven (307) consecutive days because of the unavailability of any such service, irrespective of the cause thereof, Tenant shall, as its exclusive remedy therefor, be entitled to a per diem abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, Basic Rental for each consecutive day (after such thirty (30) 7-day period) that Tenant is so prevented from making reasonable use of the Premises Premises, provided such unavailability is not caused in whole or the applicable portion thereofin part by Tenant, in which case Tenant shall not be entitled to such abatement.

Appears in 1 contract

Samples: Lease Agreement (Sonus Networks Inc)

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service 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. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty five (305) consecutive business days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, for each consecutive day (after such thirty five (305) consecutive business day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereof.

Appears in 1 contract

Samples: Lease Agreement (Nucentrix Broadband Networks Inc)

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service 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 ’s obligations hereunder. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty ten (3010) consecutive business days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, for each consecutive day (after such thirty (30) day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereof.

Appears in 1 contract

Samples: Lease Agreement (ReachLocal Inc)

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service 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, or except as provided in the next sentence, entitle Tenant to any abatement of Tenant's ’s obligations hereunder. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty five (305) consecutive business days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, for each consecutive day (after such thirty five (305) business day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereof.

Appears in 1 contract

Samples: Lease Agreement (Realpage Inc)

Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service 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 ’s obligations hereunder. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty five (305) consecutive business days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, for each consecutive day (after such thirty five (305) business day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereof.

Appears in 1 contract

Samples: Lease Agreement (Realpage Inc)

Restoration of Services; Abatement. Landlord shall use commercially reasonable efforts to restore any service that becomes unavailable; however, such unavailability unavailability, unless due to the gross negligence or willful misconduct of Landlord, its employees, agents, invitees or vendors, shall not (i) render Landlord liable for any damages caused thereby, (ii) be a constructive eviction of Tenant, (iii) constitute a breach of any implied warranty, or, except as provided in the next sentence, or (iv) entitle Tenant to any abatement of Tenant's ’s obligations hereunder. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty (30) days (or five (5) consecutive days if the reason for such unavailability is within the reasonable control of Landlord) because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefortherefore, be entitled to a reasonable abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, Rent for each consecutive day (after such thirty 20-day or five (305) day -day period, as applicable) from the time of said interruption that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereofPremises.

Appears in 1 contract

Samples: Lease Agreement (Arthrocare Corp)

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Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service that becomes unavailable; however, such . Any unavailability shall not render Landlord liable for any damages caused thereby, nor shall 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. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty forty-five (3045) consecutive days because of the unavailability of any such service, Tenant shall, as at its exclusive remedy thereforoption, be entitled to terminate this Lease Agreement or, be entitled to a reasonable abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, Rent for each consecutive day (after such thirty forty-five (3045) day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereofPremises. Tenant agrees to promptly notify Landlord in writing of any interruption of services.

Appears in 1 contract

Samples: Lease Agreement (Nextel Partners Inc)

Restoration of Services; Abatement. Landlord shall use reasonable ------------------------------------- efforts to restore any service that becomes unavailable; however, such . Any unavailability shall not render Landlord liable for any damages caused thereby, nor shall 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. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty forty-five (3045) consecutive days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefortherefore, be entitled to a reasonable abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, Base Rent for each consecutive day (after such thirty forty five (3045) day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereofPremises. Tenant agrees to promptly notify Landlord in writing of any interruption of services.

Appears in 1 contract

Samples: Lease Agreement (Yp Net Inc)

Restoration of Services; Abatement. Landlord ---------------------------------- shall use reasonable efforts to restore any service 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. However, if Tenant is prevented from making reasonable use of all or a portion of the Premises for more than thirty (30) 30 consecutive days because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled entitled_ to a reasonable abatement of Rent, or the pro rata portion thereof equivalent to the portion of the Premises rendered unusable to the entire Premises, Rent for each consecutive day (after such thirty (30) -day period) that Tenant is so prevented from making reasonable use of the Premises or the applicable portion thereofPremises.

Appears in 1 contract

Samples: Lease Agreement (Intira Corp)

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