Common use of Restoration of Services; Abatement Clause in Contracts

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, constitute a breach of any covenant (provided Landlord uses such reasonable efforts), 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 three (3) 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, a governmental directive or cause beyond Landlord’s control, then Tenant shall, as its exclusive remedy, be entitled to a reasonable abatement of Rent for each consecutive day (after such three Business Day period) that Tenant is so prevented from using the Premises.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

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Restoration of Services; Abatement. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not not, provided such services are restored in five (5) business days following Landlord's receipt of written notice regarding such unavailability, render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, constitute a breach of any covenant (provided Landlord uses such reasonable efforts), or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s 's obligations hereunder. If, however, Tenant is prevented from using the Premises because of the unavailability of any such service for a period of three five (35) consecutive Business Days business days following Landlord’s 's receipt from Tenant of a written notice regarding such unavailability, the restoration of which is within Landlord’s 's reasonable control, and such unavailability was not caused by a Tenant Party, Party or a governmental directive or cause beyond Landlord’s controldirective, then Tenant shall, as its exclusive remedy, remedy be entitled to a reasonable abatement of Rent for each consecutive day (after such three Business Day 5-day period) that Tenant is so prevented from using the Premises.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

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, constitute a breach of any covenant (provided Landlord uses such reasonable efforts), 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 three five (35) 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, a governmental directive or cause beyond Landlord’s control, then Tenant shall, as its exclusive remedy, be entitled to a reasonable abatement of Rent for each consecutive day (after such three five Business Day period) that Tenant is so prevented from using the Premises.

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

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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, constitute a breach of any covenant (provided Landlord uses such reasonable efforts), 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 three five (35) 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, a governmental directive or cause beyond Landlord’s control, then Tenant shall, as its exclusive remedy, be entitled to a reasonable abatement of Rent for each consecutive day (after such three five (5) Business Day period) that Tenant is so prevented from using the Premises.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

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