Common use of Restoration of Services; Abatement Clause in Contracts

Restoration of Services; Abatement. Landlord shall use commercially reasonable efforts to restore any service required of it under Section 6.(a) 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. In the event (i) any one or more of the following services: heating, ventilation, air conditioning, electrical service, elevator service, water and plumbing services (the “Essential Services”“) is not provided, (ii) the failure to provide such Essential Services is not caused by Tenant, (iii) the failure to provide such Essential Services is not a result of curtailment of service generally affecting the portion of Dallas in which the Building is located and (iv) the failure to provide such Essential Service(s) renders all or a portion of the Premises Untenantable (as defined below) for a continuous period of three consecutive business days after Tenant’s delivery of notice of such failure to provide Essential Service(s) to Landlord then, as Tenant’s sole and exclusive remedy for such failure and until such Essential Service(s) is/are restored, (i) the Rent (other than parking charges payable by Tenant to Landlord pursuant to Exhibit I, hereinafter called “Parking Rental”), with respect to that portion of the Premises rendered Untenantable, shall xxxxx from and after the expiration of the foregoing three business day period; and (ii) Parking Rental shall xxxxx from and after the expiration of the foregoing three business day period, for a pro rata portion of the Parking Spaces (as such terms are defined in Exhibit I) then leased by Tenant (such pro rata portion to be equal to the ratio of (A) the number of square feet of Net Rentable Area of the Premises rendered Untenantable, divided by (B) the total number of square feet of Net Rentable Area then leased by Tenant) but only to the extent Tenant does not use such Parking Spaces. In addition, Landlord will use commercially reasonable efforts to keep Tenant informed as to the progress of reestablishing the failed service. As used herein, “Untenantable“ means a condition whereby Tenant is not reasonably able to use the Premises or a portion thereof for the conduct of its business in manner a reasonably comparable to customary practices of comparable tenants in Comparable Buildings, such as, but not limited to, a condition involving the material impairment or denial of access to the Premises or a portion thereof. In addition, Tenant’s failure to occupy the Premises, or any portion thereof, shall not mean that the Premises or such portion necessarily are Untenantable.

Restoration of Services; Abatement. Landlord shall use commercially reasonable efforts to restore any service required of it under Section 6.(a) 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 warranty, or, except as provided in the next sentenceremainder of this paragraph, entitle Tenant to any abatement of Tenant’s 's obligations hereunder. In the event (i) any one or more of the following services: heating, ventilation, air conditioning, electrical service, elevator service, water and plumbing services (the “Essential Services”“) If there is not provided, (ii) the a failure to provide such Essential Services is not caused by Tenantelectricity, (iii) chilled air, water and/or sewer service to the failure to provide such Essential Services is not Premises which makes a result of curtailment of service generally affecting the portion of Dallas in which the Building is located and (iv) the failure to provide such Essential Service(s) renders all or a material portion of the Premises Untenantable (as defined belowhereinafter defined), then Landlord shall have three (3) business days within which to provide such interim services as are necessary to remedy the problem. If Landlord fails to remedy such problem within three (3) business days, then Tenant may undertake to provide such interim services for itself by temporary generators, temporary chillers, port-o-lets and/or bottled water, and Landlord shall cooperate in the provision of temporary services; provided that Tenant may not assume control of repairs necessary to provide a continuous long-term repair of the problem, and that Tenant may xxxxx the payment of Basic Rental for the period of three consecutive business days after Tenant’s time during which the Premises are Untenantable if the failure or interruption of services is not due to the failure or interruption of services by a public or other third party utility provider. Also, Xxxxxxxx agrees to use diligent efforts to restore the delivery of notice of such failure services or to provide Essential Service(scause the utility company(ies) to restore such service(s). Landlord thenwill reimburse Tenant for Tenant's reasonable costs incurred in supplying and/or operating temporary generators, as Tenant’s sole and exclusive remedy temporary chillers, port-o-lets and/or bottled water for such failure and until such Essential Service(s) is/are restored, (i) the Rent (other than parking charges payable by Tenant to Landlord pursuant to Exhibit I, hereinafter called “Parking Rental”), with respect to that portion of the Premises rendered Untenantable, shall xxxxx from and after if the expiration failure or interruption of the foregoing three business day period; and (ii) Parking Rental shall xxxxx from and after the expiration of the foregoing three business day period, for a pro rata portion of the Parking Spaces (as such terms are defined in Exhibit I) then leased by Tenant (such pro rata portion to be equal services is not due to the ratio failure or interruption of (A) services by a public utility or other third party utility provider. The term "UNTENANTABLE" shall mean the number of square feet of Net Rentable Area of the Premises rendered Untenantable, divided by (B) the total number of square feet of Net Rentable Area then leased by Tenant) but only to the extent Tenant does not use such Parking Spaces. In addition, Landlord will use commercially reasonable efforts to keep Tenant informed as to the progress of reestablishing the failed service. As used herein, “Untenantable“ means a condition whereby Tenant is not reasonably able to Tenant's use the Premises or a portion thereof for the conduct enjoyment of its business in manner a reasonably comparable to customary practices of comparable tenants in Comparable Buildings, such as, but not limited to, a condition involving the material impairment or denial of access to the Premises or a portion thereof. In addition, Tenant’s failure to occupy the Premises, or any portion thereof, shall not mean that the Premises or such portion necessarily are Untenantablethereof is disrupted to the degree that Tenant's employees cannot reasonably use such space for the uses permitted in this Lease.

Restoration of Services; Abatement. Landlord shall use commercially ---------------------------------- reasonable efforts to restore any service required of it under Section 6.(a) 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 warranty, or, except as provided in the next sentencebelow, entitle Tenant to any abatement of Tenant’s 's obligations hereunder. In If, however, Tenant is prevented from using the event (i) any one or Premises for more than 15 consecutive business days because of the following services: heating, ventilation, air conditioning, electrical service, elevator service, water unavailability of any such service and plumbing services (the “Essential Services”“) is not provided, (ii) the failure to provide such Essential Services is 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. If such interruption continues for more than 15 business days, then Landlord shall within thirty (30) days after such interruption provide to Tenant a written report prepared by a contractor or architect located in Houston, Texas selected jointly by Landlord and Tenant setting forth an estimate of time required to restore such services. To the extent such interruption is not capable of being cured by Landlord (in the opinion of the contractor or architect) within 180 days (or if such interruption is due to Tenant's negligence or wilful misconduct, and is not capable of being cured by Landlord (in the opinion of the contractor or architect) within 210 days), then Tenant, (iii) at its option may, in addition to the failure remedies set forth in the preceding sentence terminate this Lease and all of its obligations for the remaining balance of the Term of this Lease with respect only to provide such Essential Services is not a result of curtailment of service generally affecting the portion of Dallas in which the Building is located and (iv) the failure to provide such Essential Service(s) renders all or a portion of the Premises Untenantable (as defined below) for a continuous period of three consecutive business days after Tenant’s delivery of so affected by such interruption and non-use by giving written notice of such failure to provide Essential Service(s) termination to Landlord thenwithin thirty (30) days after receipt of the opinion of the contractor or architect that the interruption can not be cured by Landlord within the time period set forth above. Failure to give such notice within such periods shall be deemed to be a waiver thereof by Tenant for all purposes. If Tenant shall elect to terminate this Lease as provided above, as Tenant’s sole the Basic Rent and exclusive remedy for such failure any and until such Essential Service(s) is/are restored, (i) the all other Rent (other than parking charges payable by Tenant to Landlord pursuant to Exhibit I, hereinafter called “Parking Rental”), with respect to that portion of the Premises rendered Untenantable, hereunder shall xxxxx from be apportioned and after the expiration of the foregoing three business day period; and (ii) Parking Rental shall xxxxx from and after the expiration of the foregoing three business day period, for a pro rata portion of the Parking Spaces (as such terms are defined in Exhibit I) then leased by Tenant (such pro rata portion to be equal paid up to the ratio date of (A) such termination, except as otherwise abated as permitted under the number of square feet of Net Rentable Area of the Premises rendered Untenantable, divided by (B) the total number of square feet of Net Rentable Area then leased by Tenant) but only to the extent Tenant does not use such Parking Spaces. In addition, Landlord will use commercially reasonable efforts to keep Tenant informed as to the progress of reestablishing the failed service. As used herein, “Untenantable“ means a condition whereby Tenant is not reasonably able to use the Premises or a portion thereof for the conduct of its business in manner a reasonably comparable to customary practices of comparable tenants in Comparable Buildings, such as, terms hereof but not limited to, a condition involving the material impairment or denial of access to the Premises or a portion thereof. In addition, Tenant’s failure to occupy the Premises, or any portion thereof, shall not mean that the Premises or such portion necessarily are Untenantableotherwise.

Restoration of Services; Abatement. Landlord shall use commercially reasonable efforts to restore any service required of it under Section 6.(a) that becomes unavailable; however, except as expressly stated in this Lease, 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 warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. In If, however, Tenant is prevented from using the event (i) any one or more Premises because of the following services: heatingunavailability of any such service for a period of ten (10) consecutive Business Days (or three (3) consecutive Business Days, ventilation, air conditioning, electrical service, elevator service, water and plumbing in the case of the services (the “Essential Services”“) is not providedlisted in Section 6(a)(1), (ii2), (5) the or a failure of Landlord to provide access to the Premises) following Landlord’s receipt from Tenant of a written notice regarding such Essential Services is unavailability and such unavailability was not caused by Tenanta Tenant Party, (iii) governmental directive, or failure of the failure utility to provide such Essential Services is not a result service to the Building, then Tenant shall, as its exclusive remedy be entitled to an abatement of curtailment of service generally affecting Rent as to the portion of Dallas in which the Building is located and (iv) the failure to provide such Essential Service(s) renders all or a portion of the Premises Untenantable (as defined below) that Tenant is prevented from using for a continuous period of three each consecutive business days after Tenant’s delivery of notice day from the date of such failure to provide Essential Service(s) to Landlord then, as Tenant’s sole and exclusive remedy for interruption that Tenant is so prevented from using such failure and until such Essential Service(s) is/are restored, (i) the Rent (other than parking charges payable by Tenant to Landlord pursuant to Exhibit I, hereinafter called “Parking Rental”), with respect to that portion of the Premises rendered UntenantablePremises. If Landlord is unable to provide the parking contemplated, and such unavailability was not caused by a Tenant Party, then Landlord shall xxxxx from and after the expiration of the foregoing three business day period; and (ii) Parking Rental shall xxxxx from and after the expiration of the foregoing three business day period, for a pro rata portion of the Parking Spaces (as such terms are defined in Exhibit I) then leased by Tenant (such pro rata portion to be equal to the ratio of (A) the number of square feet of Net Rentable Area of the Premises rendered Untenantable, divided by (B) the total number of square feet of Net Rentable Area then leased by Tenant) but only to the extent Tenant does not use such Parking Spaces. In addition, Landlord will use commercially reasonable efforts to keep Tenant informed provide alternative parking in the immediate area as set forth in Exhibit G, but shall not have a right to any abatement of Basic Rent or Operating Expense Rent, if such alternative parking is not provided. Notwithstanding the progress of reestablishing the failed service. As used hereinforegoing, “Untenantable“ means a condition whereby if Tenant is not reasonably able to use prevented from using the Premises because of the unavailability of the services listed in Section 6(a)(1), (2), (5) or a portion thereof for the conduct failure of its business in manner a reasonably comparable Landlord to customary practices of comparable tenants in Comparable Buildings, such as, but not limited to, a condition involving the material impairment or denial of provide access to the Premises in each case for a period of 90 Days following Landlord’s receipt from Tenant of a written notice regarding such unavailability and such unavailability or lack of access was not caused by a portion thereof. In additionTenant Party, Tenant’s failure to occupy the Premisesgovernmental directive, or any portion thereoffailure of the utility to provide service to the Building, shall not mean that then Tenant may terminate this Lease by delivering written notice to Landlord within fifteen (15) days following the Premises or expiration of such portion necessarily are Untenantable90-Day period.