Common use of Restoration of Services; Abatement Clause in Contracts

Restoration of Services; Abatement. Landlord shall promptly restore any service required of it that becomes unavailable; however, absent Landlord's gross negligence, such unavailability shall not render Landlord liable to Tenant for any damages caused thereby, and in any event (i) shall not be a constructive eviction of Tenant, (ii) shall not constitute a breach of any implied warranty, or, (iii) except as provided in the next sentence, shall not entitle Tenant to any abatement of Tenant's obligations hereunder. If, however, the Premises (or any substantial portion thereof in either Building) are rendered substantially untenantable because of the unavailability of any such service, or if the Premises (or any substantial portion thereof in either Building) are not reasonably accessible, for a period of five (5) consecutive business days following Landlord's receipt from Tenant of a written notice regarding such unavailability (regardless of the cause and regardless of force majeure), . and such unavailability or inaccessibility was not caused by the gross negligence or willful misconduct of a Tenant Party, then Tenant shall, as its exclusive remedy, be entitled to a reasonable abatement of Rent for each consecutive day (after such 5-business day period) that Tenant is so prevented from using the Premises.

Restoration of Services; Abatement. Landlord shall promptly use reasonable efforts to restore any service required of it under Section 7.1 that becomes unavailable; however, absent Landlord's gross negligence, such unavailability shall not render Landlord liable to Tenant for any damages caused thereby, and in any event (i) shall not be a constructive eviction of Tenant, (ii) shall not constitute a breach of any implied warranty, or, (iii) except as provided in the next sentence, shall not entitle Tenant to any abatement of Tenant's ’s obligations hereunder. If, however, Tenant is prevented from using, and does not use, the Premises (or any substantial portion thereof in either Building) are rendered substantially untenantable because of the unavailability of any such service, or if the Premises (or any substantial portion thereof in either Building) are not reasonably accessible, service for a period of five (5) 10 consecutive business days following Landlord's ’s receipt from Tenant of a written notice regarding such unavailability (regardless unavailability, the restoration of the cause and regardless of force majeure)which is within Landlord’s reasonable control, . and such unavailability or inaccessibility was not caused by the gross negligence or willful misconduct of a Tenant Party, a governmental directive, or the failure of public utilities to furnish necessary services, then Tenant shall, as its exclusive remedy, remedies: (i) be entitled to a reasonable abatement of Basic Rent and Additional Rent for each consecutive day (after such 510-business day period) that Tenant is so prevented from using the Premises; and (ii) if such unavailability of services is caused by a willful refusal of Landlord to provide such services, be entitled to seek specific performance of Landlord’s restoration obligations under this Section 7.3.

Restoration of Services; Abatement. Landlord shall promptly use reasonable efforts to restore any service required of it that becomes unavailable; however, absent Landlord's gross negligence, such unavailability shall not render Landlord liable to Tenant for any damages caused thereby, and in any event (i) shall not be a constructive eviction of Tenant, (ii) shall not constitute a breach of any implied warranty, constitute a breach of any covenant (provided Landlord uses such reasonable efforts), or, (iii) except as provided in the next sentence, shall not entitle Tenant to any abatement of Tenant's ’s obligations hereunder. If, however, Tenant is prevented from using the Premises (or any substantial portion thereof in either Building) are rendered substantially untenantable because of the unavailability of any such service, or if the Premises (or any substantial portion thereof in either Building) are not reasonably accessible, service for a period of five (5) consecutive business days Business Days following Landlord's ’s receipt from Tenant of a written notice regarding such unavailability (regardless unavailability, the restoration of the cause and regardless of force majeure)which is within Landlord’s reasonable control, . and such unavailability or inaccessibility was not caused by the gross negligence or willful misconduct of 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 five (5-business day ) Business Day period) that Tenant is so prevented from using the Premises.

Restoration of Services; Abatement. Landlord shall promptly use reasonable efforts to restore any service required of it that becomes unavailable; however, absent Landlord's gross negligence, such unavailability shall not render Landlord liable to Tenant for any damages caused thereby, and in any event (i) shall not be a constructive eviction of Tenant, (ii) shall not constitute a breach of any implied warranty, or, (iii) except as provided in the next sentencebelow, shall not entitle Tenant to any abatement of Tenant's obligations hereunder. IfHowever, however, if Tenant is prevented from making reasonable use of the Premises (or any substantial portion thereof in either Building) are rendered substantially untenantable for more than 15 consecutive days because of the unavailability of any such service, or if the Premises (or any substantial portion thereof in either Building) are not reasonably accessible, for a period of five (5) consecutive business days following Landlord's receipt from Tenant of a written notice regarding such unavailability (regardless of the cause and regardless of force majeure), . and such unavailability or inaccessibility was not caused by the gross negligence or willful misconduct of a Tenant Party, then Tenant shall, as its exclusive remedyremedy therefor, be entitled to a reasonable abatement of Rent for each consecutive day (after such 5-business 15 day period) that Tenant is so prevented from using making reasonable use of the Premises. In the event (i) such unavailability of services (A) was not the result of a casualty described in Section 15 of this Lease, (B) was not caused in whole or in part by Tenant or Tenant's agents, employees or contractors, and (C) Tenant is prevented from making reasonable use of the Premises, (ii) the curing of such unavailability of services is within the reasonable control of Landlord, and (iii) such unavailablity of services shall not be cured within sixty (60) days following the occurrence of such event, Tenant shall have the right to terminate this Lease by delivering to Landlord written notice of such termination prior to the restoration of such services.