Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Achieve Life Sciences, Inc.), Lease Agreement (E2open Inc)
Service Interruptions. (a) Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and and, except as otherwise expressly set forth herein, Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, of electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the extent caused by the gross negligence or willful misconduct of Landlord.
(b) Notwithstanding anything to the contrary contained in this Lease, if Tenant is unable to use the Premises for the ordinary conduct of Tenant’s business due solely to (a) an interruption of an Essential Service (as hereinafter defined), or (b) Landlord’s breach of an obligation under this Lease to perform repairs or replacements which results in Landlord’s failure to provide an Essential Service, in each case other than as a result of casualty or condemnation and/or Unavoidable Delay, and such condition continues for a period of longer than five (5) consecutive Business Days after Tenant furnishes a notice to Landlord (the “Abatement Notice”) identifying the condition and Essential Service which has been interrupted and stating that Tenant’s inability to use the Premises is solely due to such condition, provided that (i) Tenant does not actually use or occupy the Premises during such five (5) consecutive Business Day period, and (ii) such condition has not resulted from the negligence or misconduct of Tenant or any Tenant Party, then Fixed Rent shall be abated on a per diem basis for the period (the “Abatement Period”) commencing on the sixth (6th) Business Day after Tenant delivers the Abatement Notice to Landlord and ending on the earlier of (x) the date Tenant reoccupies the Premises, or (y) the date on which such condition is substantially remedied. “Essential Service” shall mean the following services, but only to the extent that Landlord is required to provide such services to Tenant pursuant to the terms of this Lease: HVAC service; electrical service; passenger elevator service; water and sewer service; and access to the Premises. The foregoing rent abatement shall be the sole and exclusive remedy of Tenant on account of such interruption or lack of service and Landlord shall have no further liabilities or obligations to Tenant on account thereof; provided, however, that nothing contained in this sentence shall affect Tenant’s right to pursue injunctive relief in addition to obtaining the foregoing rent abatement.
Appears in 2 contracts
Samples: Lease Agreement (Pegasystems Inc), Lease Agreement (Pegasystems Inc)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Amended and Restated Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. Notwithstanding the foregoing and any other provision of this Lease to the contrary (other than in the event of a casualty or a Taking, for which the provisions of Articles 11 and 12 of this Lease shall govern), if (i) any services to the Premises or any utilities to the Premises are interrupted due to a cause within Landlord’s reasonable control, or Tenant’s ability to use and occupy part or all of the Premises is impaired due to the foregoing activities of Landlord, its agents, employees or contractors, in the performance of any such Work of Improvement, (ii) Tenant is unable to, and does not, use such part or all of the Premises as a result of such interruption or impairment, (iii) Tenant shall have given notice respecting such interruption or impairment to Landlord, and (iv) Landlord shall have failed to cure such interruption or impairment within five (5) consecutive days after receiving such notice, then Rent hereunder as to such part or all of the Premises shall thereafter be abated beginning on the first (1st) day of such interruption or impairment until such time as such interruption is restored or such impairment shall cease, or Tenant begins using such part or all of the Premises again, whichever shall first occur. Such abatement of Rent shall be Tenant’s sole recourse in the event of such interruption or impairment. In the event of a casualty or a Taking, the applicable provisions of this Lease shall prevail over the provisions of this Section 10.11.
Appears in 2 contracts
Samples: Lease Agreement (Marchex Inc), Lease Agreement (Marchex Inc)
Service Interruptions. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the purposes authorized in this Lease, or for repairing the Premises or any portion of the Building, however the necessity may occur. In the event and to the extent Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord’s part by reason of any cause beyond Landlord’s control, Landlord shall not, except as is otherwise provided in this Lease, be liable to Tenant therefor, nor shall Tenant be entitled to any abatement or reduction in rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises, unless due to Landlord’s gross negligence and misconduct. Initials: Landlord ; Initials Tenant: Landlord reserves the right to suspend any service or utility system, when necessary, necessary by reason of Unavoidable Delays, accidents accident or emergenciesemergency, or for any Work until necessary repairs have been completed; provided, however, that in each instance of Improvement whichstoppage, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any interruption, curtailment or failure to supply services. Landlord shall contemplated stoppage and will use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and avoid unnecessary inconvenience to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlordthereof.
Appears in 2 contracts
Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)
Service Interruptions. Landlord reserves the right to suspend or interrupt any service when necessary, by reason of Unavoidable DelaysForce Majeure Events, accidents or emergencies, or for any Work of Improvement work which, in Landlord’s reasonable judgment, is necessary or appropriate, appropriate until such Unavoidable DelayForce Majeure Event, accident or emergency shall cease or such Work of Improvement work is completed completed, and Landlord shall not be liable for any interruption, curtailment such suspension or failure to supply interruption of services. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment suspension or failure interruption of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of RentRent (except as otherwise expressly set forth herein), relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the gross negligence extent caused by the negligent acts or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease (Kura Oncology, Inc.)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, of electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Indemnitees by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is which are necessary or appropriateunder applicable Requirements, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The Subject to the terms of Section 15.8(b), below, the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend or interrupt any service when necessary, by reason of Unavoidable DelaysForce Majeure, accidents or emergencies, or for any Work of Improvement alterations or improvements to the Property which, in Landlord’s reasonable judgment, is necessary or appropriate, appropriate until such Unavoidable DelayForce Majeure event, accident or emergency shall cease or such Work of Improvement is completed alterations or improvements are completed, and Landlord shall not be liable for any interruption, curtailment such suspension or failure to supply interruption of services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises for the Permitted Use as a result of any such interruption, curtailment suspension or failure interruption of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or, except as expressly set forth in Section 6.4 below, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Landlord’s Agent by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the extent caused by the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease (Vor Biopharma Inc.)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruptionfailure, curtailment defect or failure interruption of or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric of electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Sublease Agreement (K12 Inc)
Service Interruptions. Landlord reserves the right to suspend or interrupt any service when necessary, by reason of Unavoidable DelaysForce Majeure, accidents or emergencies, or for any Work of Improvement alterations or improvements to the Property which, in Landlord’s 's reasonable judgment, is necessary or appropriate, appropriate until such Unavoidable DelayForce Majeure event, accident or emergency shall cease or such Work of Improvement is completed alterations or improvements are completed, and Landlord shall not be liable for any interruption, curtailment such suspension or failure to supply interruption of services. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises as a result of any such interruption, curtailment suspension or failure interruption of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, or, except as expressly set forth in Section 6.4 below, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Landlord's Agent by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the extent caused by the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend or interrupt any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed completed, and Landlord shall not be liable for any interruption, curtailment such suspension or failure to supply interruption of services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment suspension or failure interruption of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s businesssuspended or interrupted service as soon thereafter as practicable. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Landlord’s Agent by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the extent caused by the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right --------------------- to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement repairs, alterations or improvements which, in Landlord’s 's reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is repairs, alterations or improvements are completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in restore such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates, or to incur any other overtime costs or additional expenses whatsoever. The exercise of any such right or the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party its agents by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in In case of any way to Tenant for any failure, defect or interruption of, or change in the supplyservices called for under this Article 11 which continues beyond the Eligibility Period, character and/or quantity of, electric service furnished to Tenant shall have the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlordrights set forth in Section 7.4 above.
Appears in 1 contract
Samples: Lease (Portal Software Inc)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s 's reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises as a result of any such interruptionfailure, curtailment defect or failure of or defect in such serviceinterruption of, or change in the supply, character and/or quantity of, electrical service, service and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business. The Subject to Section 6.3, the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of LandlordLandlord or its agents or contractors.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend or interrupt any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed completed, and Landlord shall not be liable for any interruption, curtailment such suspension or failure to supply interruption of services. Landlord shall use reasonable efforts provide Tenant with not less than thirty (30) days’ prior notice of any scheduled service interruptions (excepting in the event of emergencies) and to minimize interference schedule and perform such scheduled interruptions in a manner that will not materially interfere with Tenant’s use and occupancy of normal operations in the Premises as a result of any such interruption, curtailment suspension or failure interruption of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Landlord’s Agent by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable only to the gross extent caused by the negligence or willful misconduct of LandlordLandlord or its agents, employees, or contractors.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s 's reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services, except as otherwise provided in Section 26.25 below. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of RentRent (except as otherwise provided in Section 26.25 below), relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Subject to Section 26.25 below, Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.. 789956.06/WLA 377061-00006/sb/sb Arboretum Courtyard [Catasys, Inc.]
Appears in 1 contract
Samples: Lease (Catasys, Inc.)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services, except as otherwise provided in Section 26.22 below. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of RentRent (except as otherwise provided in Section 26.22 below), relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Subject to Section 26.22 below, Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Cereplast Inc)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, of electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The Except as provided in Section 10.11, the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party Indemnitees by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s 's reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use commercially reasonable efforts to avoid, or if unavoidable, to minimize interference with Tenant’s 's use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business. The Notwithstanding the foregoing or any other provision of this Section 10.12, Landlord's performance of Restorative Work shall be subject to the provisions of Section 6.3 above. Except as provided below, the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric of electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Philadelphia Consolidated Holding Corp)
Service Interruptions. (a) Landlord reserves the right --------------------- to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement repairs, alterations or improvements which, in Landlord’s 's reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is repairs, alterations or improvements are completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in restore such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates, or to incur any other overtime costs or additional expenses whatsoever. The exercise of any such right or the exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party its agents by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in In case of any way to Tenant for any failure, defect or interruption of, or change in the supplyservices called for under this Article 11 which continues beyond the Eligibility Period, character and/or quantity of, electric service furnished to Tenant shall have the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlordrights set forth in Section 7.4 above.
Appears in 1 contract
Samples: Lease (Portal Software Inc)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s 's reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and and, subject to SECTION 10.12 below, Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, of electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s 's business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s 's business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease (Franklin Resources Inc)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with TenantTxxxxx’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with TenantTxxxxx’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric of electrical service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable reason. Notwithstanding the foregoing, in the event that Tenant is prevented from using the Premises or any material portion thereof for the conduct of its business, and does not use for the conduct of its business, the Premises or any material portion thereof, for ten (10) consecutive Business Days (the “Eligibility Period”) as a result of the failure in any material respect of Landlord to provide to the gross Premises any of the utilities required to be provided by Landlord to the Premises pursuant to this Lease, where such failure is not caused in whole or part by the negligence or willful misconduct of Landlordany Tenant or any other Tenant Party, and such failure is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, Tenant’s obligation to pay Rent shall be abated or reduced as the case may be, from and after the first day following the last day of the Eligibility Period and continuing for such time that Tenant continues to be so prevented from using for the conduct of its business, and does not so use for the conduct of its business, the Premises or a material portion thereof, in the proportion that the rentable square feet of the portion of the Premises that Tenant is prevented from using, and does not so use, bears to the total rentable square feet of the Premises. The abatement provisions set forth above shall be inapplicable to any services failure described in this Section 10.12 that is caused by (x) damage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 11 and 12 below.
Appears in 1 contract
Samples: Lease Agreement (Inphi Corp)
Service Interruptions. Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Work of Improvement which, in Landlord’s reasonable judgment, is necessary or appropriate, until such Unavoidable Delay, accident or emergency shall cease or such Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. Except in the event of emergency, Landlord shall use its commercially reasonable efforts to provide at least 48 hours prior notice before conducting any Work of Improvement which will interrupt or curtail any Building services.
Appears in 1 contract
Samples: Lease Agreement (DemandTec, Inc.)
Service Interruptions. (a) Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruptionfailure, curtailment defect or failure interruption of or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
(b) Notwithstanding anything to the contrary contained in this Lease, if Tenant is unable to use the Premises or any material portion thereof for the ordinary conduct of Tenant’s business due solely to an interruption of an Essential Service (as hereinafter defined) other than as a result of Unavoidable Delays, casualty or condemnation, and such condition continues for a period in excess of five (5)
Appears in 1 contract
Service Interruptions. Except as otherwise provided in Section 6.3, Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays, accidents or emergencies, or for any Restorative Work of Improvement which, in Landlord’s reasonable judgment, is are necessary or appropriate, appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work of Improvement is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result of any such interruptionfailure, curtailment defect or failure interruption of or defect in any such service, or change in the supply, character and/or quantity of, electrical service, and to restore any such services, remedy such situation and minimize any interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, except as otherwise provided in Section 6.3, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnified Party by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, of electric service furnished to the Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (BTHC VII Inc)