Common use of Service Interruption Clause in Contracts

Service Interruption. Tenant shall immediately notify Landlord of the interruption (a “Service Interruption”) of any service furnished by Landlord under this Lease, and following the receipt of such notice, Landlord shall use its best efforts to restore such service to the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption that renders the Premises untenantable and is not caused by Tenant or Tenant’s Occupants: (a) commencing on the sixth (6th) consecutive business day of such Service Interruption, Tenant shall be entitled to an equitable diminution of Rent to the extent that the Premises are untenantable as a result of such Service Interruption; and (b) if the Premises will be or are untenantable for a period of more than ninety (90) consecutive days as a result of such Service Interruption, Tenant shall be entitled to terminate this Lease on notice given to Landlord within ten (10) business days after the later of: (i) the date on which Landlord provides to Tenant an estimate of the time required to cure such Service Interruption (which notice shall be given by Landlord to Tenant as soon as reasonably practicable, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after the occurrence of such Service Interruption); or (ii) the expiration of such ninety (90)-day period, and on such notice, Tenant shall vacate and surrender the Premises to Landlord in accordance with the applicable provisions of this Lease.

Service Interruption. Tenant shall immediately notify Landlord of the interruption (a “Service Interruption”) of any service furnished by Landlord under this Lease, and following the receipt of such notice, Landlord shall use its best efforts to restore such service to the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption that renders the Premises untenantable and is not caused by Tenant or Tenant’s Occupants: (a) commencing on the sixth third (6th3rd) consecutive business day of such Service Interruption, Tenant shall be entitled to an equitable diminution of Rent to the extent that the Premises are untenantable as a result of such Service Interruption; and (b) if the Premises will be or are untenantable for a period of more than ninety thirty (9030) consecutive days as a result of such Service Interruption, Tenant shall be entitled to terminate this Lease on notice given to Landlord within ten (10) business days after the later of: (i) the date on which Landlord provides to Tenant an estimate of the time required to cure such Service Interruption (which notice shall be given by Landlord to Tenant as soon as reasonably practicable, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after the occurrence of such Service Interruption); or (ii) the expiration of such ninety thirty (90)-day 30)-day period, and on such notice, Tenant shall vacate and surrender the Premises to Landlord in accordance with the applicable provisions of this Lease.

Service Interruption. Tenant Failure by Landlord to any extent to furnish the services described herein, or any cessation thereof, shall immediately notify not constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or Building or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages. In the interruption (a “Service Interruption”) event of any service equipment or machinery breakdown, however, Landlord shall use its commercially reasonable efforts and due diligence to restore any failure or defect in the supply or character of services furnished or to be furnished by Landlord under this LeaseArticle 7., and following the receipt of such notice, but Landlord shall use its best efforts not otherwise be responsible or, liable to restore Tenant for any such service failure or defect. If any such failure or defect (except as to defects caused by events described under Sections 3.03.4, 3.03.5. or Articles 11. or 15. of this Lease) in services renders all or any portion of the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption that renders the Leased Premises untenantable for the conduct of Tenant's business therefrom and is Tenant temporarily discontinues its business operations therein (Tenant shall not caused by be deemed to be conducting its business operations because Tenant or Tenant’s Occupants: has not removed its equipment, furniture and furnishings therefrom) for a period of at least three (a) commencing on the sixth (6th3) consecutive business days (exclusive of Saturdays, Sundays and holidays) after Landlord receives written notice thereof, then Base Rental shall abate for the portion of the Leased Premises as is so rendered untenxxxxxle for the duration (after the expiration of said three (3) day period) of such Service Interruptionuntenantability, Tenant shall be entitled and if due to an equitable diminution of Rent to interruptions in services the extent that the Leased Premises are untenantable as a result of such Service Interruption; and (b) if the Premises will be or are is so rendered untenantable for a period of more than ninety thirty (9030) consecutive days as business days, subject to extension due to force majeure (but in no event longer than sixty (60) days), during which Landlord has failed on a result continual basis to provide any one or more of the services, and has failed to commence to repair or reinstall the services with due diligence, and such Service Interruptionrepair or reinstallation efforts have not been maintained with continuity, then Tenant, at its option, may cancel this Lease upon written notice to Landlord at anytime prior to the date upon which Landlord has restored the services. As an alternative to Tenant's right to cancel the Lease pursuant to this clause, Tenant shall have the right to repair or reinstall the failed services at its own reasonable expense, thereafter deducting said reasonable cost or expense from rentals next coming due. Notwithstanding anything herein to the contrary, if Tenant's right to cancel the Lease is "triggered" pursuant to this clause, then Tenant shall only have the right to cancel the so affected portion of the Leased Premises, provided however, in the event of a partial cancellation, such canceled portion must be entitled in increments of no less than one-half (1/2) floor each (any cancellation under this section shall automatically reduce the number of unreserved parking spaces allocated to terminate Tenant under Section 10.01 of this Lease on notice given at the ratio of 4 spaces for each 1000 square feet of Net Rentable Area within the space as to Landlord which such cancellation applies); provided, further, that at such time as Tenant has, pursuant to the provisions of this Section 7.05, cancelled this Lease as to fifty percent (50%) of the Initial Leased Premises, then Tenant shall have the right and option to cancel this Lease in its entirety, such option to be exercisable within ten thirty (1030) business days after the later of: (i) following the date on upon which Landlord provides Tenant has exercised the cancellation right with regard to Tenant an estimate a portion of the time required Initial Leased Premises which, when aggregated with all prior cancellations under this Section 7.05, causes the total cancellations under this Section 7.05 to cure such Service Interruption (which equal or exceed 50% of the Leased Premises. Upon any notice shall be given of any cancellation by Landlord to Tenant as soon as reasonably practicable, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after the occurrence of such Service Interruption); or (ii) the expiration of such ninety (90)-day period, and on such noticeunder this Section 7.05, Tenant shall vacate then have up to nine (9) months to relocate out of the space for which the Lease was cancelled, provided however, if the Leased Premises are suitable for the operation of Tenant's business, Tenant's obligation to pay Rent as provided in this Lease shall not be waived for the period of time such space is utilized by Tenant. Such cancellation shall be effective upon Tenant's vacation of the Leased Premises. Subject to Tenant's foregoing rights of abatement of Base Rental and surrender of termination, Landlord shall not otherwise be liable to Tenant for any such failure or default or defect in the Premises supplying of, or the character of, services to be furnished by Landlord under this Article 7., and such shall not be construed as an eviction of Tenant nor shall such entitle Tenant to any damages from Landlord, nor shall Landlord be in accordance with the applicable provisions of breach or default under this Lease. Subject to Tenant's foregoing rights of abatement, and termination, Tenant hereby waives and disclaims, and agrees not to claim or assert all present and future rights to apply any rent or additional rent against any obligations of Landlord, howsoever incurred, or to assert that any such obligation of Landlord entitles Tenant to any counterclaim or any reduction, abatement, offset, or refund of rent or additional rent. Tenant agrees to notify Landlord promptly of any interruption in Building Services.

Service Interruption. Tenant shall immediately notify Landlord of the interruption (a “Service Interruption”) of any service furnished by Landlord under this Lease, and following the receipt of such noticenotice (which notice may be via email to Landlord’s property manager), Landlord shall use its best efforts to restore such service to the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption that renders all or any portion of the Premises untenantable and is not caused by Tenant or Tenant’s Occupants: (a) commencing on the sixth (6th) consecutive business day of such Service Interruption, Tenant shall be entitled to an equitable diminution of Rent to the extent that the Premises are untenantable as a result of such Service Interruption; and (b) if the entire Premises will be or are untenantable (or at least fifty percent (50%) of the Premises is untenantable such that use by Tenant of the remaining usable portion of the Premises for Tenant’s business operations is not reasonably practicable) for a period of more than ninety (90) consecutive days as a result of such Service Interruption, Tenant shall be entitled to terminate this Lease on notice given to Landlord within ten (10) business days after the later of: (i) the date on which Landlord provides to Tenant an estimate of the time required to cure such Service Interruption (which notice shall be given by Landlord to Tenant as soon as reasonably practicable, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after the occurrence of such Service Interruption); or (ii) the expiration of such ninety (90)-day period, and on such notice, Tenant shall vacate and surrender the Premises to Landlord in accordance with the applicable provisions of this Lease.

Service Interruption. Tenant shall immediately notify look solely to the applicable Utility Service Provider for all service issues with respect to all Tenant’s Direct-Metered Utilities under Section 6.1(a), and Landlord shall (to the maximum extent permitted by law) have no liability to Tenant, nor shall Rent be abated, for any interruption, curtailment, or suspension of any such service. In the event that there shall be an interruption, curtailment, or suspension of any Landlord Utilities under Section 6.1(b) (and no reasonably equivalent alternative service or supply is provided by Landlord or Tenant, e.g., Tenant’s own emergency generator or other back-up power supply equipment) that renders all or a portion of the Premises untenantable for its intended purposes for a period of three (3) consecutive days (in the case of service interruption due to the negligence of Landlord or its employees, contractors, or agents (“Landlord Parties”)) or seven (7) consecutive days (in the case of service interruption not due to such negligence) following receipt by Landlord of written notice from Tenant of such event, other than as caused, in whole or in part, by reasons beyond Landlord’s reasonable control (such as a generally applicable power outage or other off-site occurrence) or by an act or omission in violation of this Lease by Tenant or by any negligence or willful misconduct of any of Tenant’s agents, employees, contractors, invitees, subtenants, successors or others using the interruption Premises under or through Tenant (collectively, with Tenant, the “Tenant Parties” or any one of them, including Tenant, a “Tenant Party”) (an event that satisfies the foregoing conditions being referred to herein as a “Service Interruption”) of any service furnished by Landlord under this Lease), and following the receipt of such notice, Landlord shall use its best efforts to restore such service to the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption that renders the Premises untenantable and is not caused by Tenant or Tenant’s Occupants: (a) commencing on the sixth (6th) consecutive business day of such Service Interruption, then Tenant shall be entitled to an equitable diminution abatement of Base Rent to and Tenant’s Pro Rata Share of Total Operating Costs, based on the extent that nature and duration of the Premises are untenantable as a result of such Service Interruption; and (b) if the Premises will be or are untenantable for a period of more than ninety (90) consecutive days as a result of such Service Interruption, Tenant shall be entitled to terminate this Lease on notice given to Landlord within ten (10) business days after the later of: (i) the date on which Landlord provides to Tenant an estimate area of the time required to cure such Service Interruption (which notice shall be given by Landlord to Tenant as soon as reasonably practicablePremises so affected, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after and the occurrence of such Service Interruption); or (ii) then current Rent amounts, for the period that commencing on the expiration of such ninety (90)-day periodthree-day or seven-day period and ending on the day such Service Interruption shall cease. The provisions of this paragraph shall not apply to any Service Interruption caused by fire or other damage or destruction of the Building, and on such notice, Tenant which shall vacate and surrender the Premises to Landlord in accordance with the applicable provisions be governed by Section 12.1 of this Lease.

Service Interruption. Tenant shall immediately notify Landlord of the interruption (a “Service Interruption”) of any service furnished by Landlord under this Lease, and following the receipt of such noticenotice (which notice may be via email to or telephone conference with Landlord’s property manager), Landlord shall use its best efforts to restore such service to the Premises as soon as reasonably practicable. Subject to force majeure, and except in cases covered by Paragraphs 13 or 14, with respect to any Service Interruption or any repair, maintenance or alteration performed by Landlord, any failure by Landlord to provide Tenant with access to the Premises or the Building, or Landlord’s default under this Lease (each, a “Tenantability Restriction”) that renders all or any portion of the Premises untenantable and is not caused by Tenant or Tenant’s Occupants: (a) commencing on the sixth fifth (6th5th) consecutive business day of such Service InterruptionInterruption or Tenantability Restriction, Tenant shall be entitled to an equitable diminution of Rent to the extent that the Premises are untenantable as a result of such Service InterruptionInterruption or Tenantability Restriction; and (b) if the entire Premises will be or are untenantable (or at least fifty percent (50%) of the Premises is untenantable such that use by Tenant of the remaining usable portion of the Premises for Tenant’s business operations is not reasonably practicable) for a period of more than ninety sixty (9060) consecutive days as a result of such Service InterruptionInterruption or Tenantability Restriction, Tenant shall be entitled to terminate this Lease on notice given to Landlord within ten (10) business days after the later of: (i) the date on which Landlord provides to Tenant an estimate of the time required to cure such Service Interruption or Tenantability Restriction (which notice shall be given by Landlord to Tenant as soon as reasonably practicable, but Landlord shall use its best efforts to provide such notice to Tenant no later than ten (10) days after the occurrence of such Service InterruptionInterruption or Tenantability Restriction); or (ii) the expiration of such ninety sixty (90)-day 60)-day period, and on such notice, Tenant shall vacate and surrender the Premises to Landlord in accordance with the applicable provisions of this Lease. On such termination, Landlord shall promptly return to Tenant all deposits and prepayments held by Landlord, and Tenant shall have no further obligation under this Lease, except for any obligation relating to the period prior to the date of such termination, and any obligation surviving Lease end.