Common use of Service Interruptions Clause in Contracts

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.

Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend any service when necessary(i) the furnishing of heating, by reason elevator, air conditioning, and cleaning services and (ii) the operation 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 the plumbing and Landlord shall not be liable for any interruption, curtailment or failure to supply serviceselectric systems. Landlord shall use exercise reasonable efforts diligence to minimize interference with Tenant’s use and occupancy of eliminate the Premises as a result cause of any such interruption, curtailment curtailment, stoppage or failure suspension, but there shall be no diminution or abatement of rent or defect in other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such serviceinterruption, curtailment, stoppage, or change suspension of services or systems, except as provided herein. Landlord shall schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in the supply, character and/or quantity of, electrical serviceadvance after consultation with Tenant, and shall make commercially reasonable efforts to restore any such services, remedy such situation and minimize any interference avoid the same interfering 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 foregoing, Tenant shall be entitled to a proportionate abatement of this Lease to the contrary (other than Base Rent in the event of a casualty or Landlord Service Interruption (as defined below). For the purposes hereof, a Taking, for which “Landlord Service Interruption” shall occur in the provisions of Articles 11 and 12 of this Lease shall govern), if event (i) any services to the Premises shall lack any service which Landlord is required to provide hereunder thereby rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), (ii) such lack of service was not caused by the act or omission of Tenant or any utilities Tenant Party; (iii) Tenant in fact ceases to use at least fifty (50%) percent of the Premises are interrupted due to a cause for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, or TenantLandlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s ability to use and occupy part or all receipt of written notice from Tenant 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 occurService Interruption. Such abatement of Rent This Section 6.03 shall be Tenant’s sole recourse and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the event of such interruption or impairment. In the event of a casualty or a Taking, the applicable provisions first sentence of this Lease shall prevail over Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 10.116.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement.

Service Interruptions. When necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or by reason of event(s) of Force Majeure, Landlord reserves the right to interrupt, curtail, stop or suspend any service when necessary(i) the furnishing of heating, by reason elevator, air conditioning, and cleaning services and (ii) the operation 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 the plumbing and Landlord shall not be liable for any interruption, curtailment or failure to supply serviceselectric systems. Landlord shall use exercise reasonable efforts diligence to minimize interference with Tenant’s use and occupancy of eliminate the Premises as a result cause of any such interruption, curtailment curtailment, stoppage or failure suspension, but there shall be no diminution or abatement of rent or defect in other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such serviceinterruption, curtailment, stoppage, or change in the supplysuspension of services or systems, 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 otherwiseexcept as provided herein. Landlord shall not be liable schedule all non-emergency interruptions, curtailments, stops or suspensions of services or systems in any way to advance and shall notify 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. Notwithstanding the foregoing and any other provision foregoing, Tenant shall be entitled to a proportionate abatement of this Lease to the contrary (other than Base Rent in the event of a casualty or Landlord Service Interruption (as defined below). For the purposes hereof, a Taking, for which “Landlord Service Interruption” shall occur in the provisions of Articles 11 and 12 of this Lease shall govern), if event (i) any services to the Premises shall lack any service which Landlord is required to provide hereunder thereby (a) rendering at least fifty (50%) percent of the usable area of the Premises untenantable for the entirety of the Landlord Service Interruption Cure Period (as defined below), or (b) materially interfering with the normal functioning of the laboratory space or the vivarium, in each case located within the Premises, for the entirety of the Landlord Service Interruption Cure Period; (ii) such lack of service was not caused by the act or omission of Tenant or any utilities Tenant Party; (iii) Tenant, in fact, ceases to use at least fifty (50%) percent of the Premises are interrupted due to a cause for the entirety of the Landlord Service Interruption Cure Period and/or such interruption materially interferes with the normal functioning of the laboratory space or the vivarium, in each case located within the Premises, for the entirety of the Landlord Service Interruption Cure Period; and (iii) such interruption of service was the result of causes, events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control. During such Landlord Service Interruption Period, or TenantLandlord will, if reasonably practical, cooperate with Tenant to arrange for the provision of any interrupted services on an interim basis via temporary measures until final corrective measures can be accomplished and Tenant will permit Landlord the necessary access to the Premises to remedy such lack of service, subject to the provisions of Section 9.06. For the purposes hereof, the “Landlord Service Interruption Cure Period” shall be defined as seven (7) consecutive Business Days after Landlord’s ability to use and occupy part or all receipt of written notice from Tenant 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 occurService Interruption. Such abatement of Rent This Section 6.03 shall be Tenant’s sole recourse and exclusive remedy on account of an interruption of services or Landlord default resulting in an interruption of services other than Tenant’s right to obtain affirmative injunctive relief. This Section 6.03 shall not apply to any interruption or failure of services required to be provided by Landlord under Section 6.02(a) or Exhibit E attached hereto, which is caused in whole or in part by any act or omission of Tenant or any Tenant Party, or by any occurrence described in Section 16.09, or by any cause whatsoever other than those set forth in the event of such interruption or impairment. In the event of a casualty or a Taking, the applicable provisions first sentence of this Lease shall prevail over Section 6.03. Notwithstanding the foregoing, if either Landlord or Tenant disputes in good faith whether, or the extent to which, an event is subject to the provisions of this Section 10.116.03, or the amount of Tenant’s abatement of Base Rent hereunder, such dispute shall be resolved in accordance with Section 16.17 of this Lease; provided, however, that in the event that it is ultimately determined that there was a Landlord Service Interruption, then Tenant shall have the right to a retroactive equitable abatement of Base Rent for the period as set forth above, provided that, if the Term expires before Tenant’s entire retroactive abatement has been effected, then Landlord shall immediately refund to Tenant any overpayment of Rent due under the Lease not yet received on account of the retroactive abatement.

Service Interruptions. Landlord reserves Except as otherwise provided herein, upon the right to suspend any service when necessaryoccurrence of a Service Failure, 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 all commercially reasonable efforts to minimize interference with promptly remove the Service Failure, although no Service Failure shall constitute a constructive eviction of 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 give rise 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, or relieve Tenant from the obligation to fulfill any of its obligations under this Amended and Restated Lease, covenant or impose any liability upon agreement. In no event shall 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 failureloss or damage, defect including the theft of Tenant’s Property, arising out of or interruption ofin connection with any Service Failure or the failure of any Project safety services, personnel or change in the supply, character and/or quantity of, electric service furnished equipment except to the Premises for any reason except if attributable to extent arising from the gross negligence or willful misconduct of LandlordLandlord or the Landlord Parties. Notwithstanding the foregoing and any other provision of this Lease anything to the contrary (other than contained in this Lease, in the event of a casualty or a TakingTenant is prevented from using, for which the provisions of Articles 11 and 12 of this Lease shall govern)does not use, 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 portion thereof for more than five (5) consecutive business days as a result of (i) any Service Failure caused by Landlord (and the Service Failure is not due to the failure of the service provider), (ii) Landlord’s failure to make repairs required to be made by Landlord under this Lease (after receiving such noticethe Commencement Date and following expiration of any cure period applicable thereto), and/or (iii) any repair or maintenance work performed by Landlord after the Commencement Date and required to be performed by Landlord under this Lease, then Tenant’s obligation to pay Rent hereunder shall be abated or reduced, as to the case may be, from the sixth (6th) business day after such part occurrence and continuing until such time that Tenant is no longer so prevented from using, and does not use, the Premises or all such portion thereof, in the proportion that the rentable square feet of the portion of the Premises shall thereafter be abated beginning on that Tenant is prevented from using bears to 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 total rentable square feet 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 10.11Premises.

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 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 of electrical 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 Any 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)notwithstanding, if any failure or stoppage of Landlord’s services, including the Emergency Power System, (i) renders 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 portion of the Premises is impaired due to untenantable for the foregoing activities normal conduct of Landlord, its agents, employees Tenant’s business at the Premises and Tenant does not in fact use or contractors, in occupy such portion of the performance of any such Work of Improvement, Premises; (ii) Tenant is unable towas not caused by Tenant, its employees, invitees or agents; and does not, use such part or all of the Premises as a result of such interruption or impairment, (iii) Tenant extends for a period longer than 3 consecutive days, the Rent payable hereunder 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) 1st day of such interruption or impairment until such time and continue for so long 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 impairmentany portion thereof is untenantable and vacant. In the event of a casualty or a TakingTaking (hereinafter defined), the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section 10.11Section. Except in the case of an emergency, Landlord shall use commercially reasonable efforts to give Tenant at least 5 days prior notice if Landlord intends to interrupt any of Landlord’s services.

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 Except in the event of a casualty or a Takingemergency, for which the provisions of Articles 11 and 12 of this Lease Landlord shall govern), if (i) use its commercially reasonable efforts to provide at least 48 hours prior notice before conducting 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 Improvement which will interrupt 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 10.11curtail any Building services.

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 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 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 of electrical 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 rent abatement provisions of this Section 10.11Section. The foregoing notwithstanding, if any failure or stoppage of Landlord’s services under this Lease (i) renders the Premises or any portion thereof untenantable for the normal conduct of Tenant’s business in all or a portion of the Premises and Tenant has ceased using the Premises or the affected portion thereof; (ii) was not caused by Tenant, its employees, invitees or agents; and (iii) extends for a period longer than three (3) consecutive Business Days (or, in the event of Unavoidable Delay, ten (10) Business Days), then provided no Event of Default exists, Tenant’s obligation to pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment for the affected portion of the Premises shall be abated beginning on the third (3rd) Business Day (or, in the event of Unavoidable Delay, the tenth (10th) Business Day) following the date the aforementioned conditions are met and shall continue with respect to the Premises or the affected portion thereof (as applicable) until the conditions described in clause (i) no longer exist.

Service Interruptions. Landlord reserves Notwithstanding any contrary provision herein and except only to the right to suspend any service when necessaryextent resulting from BFI's willful misconduct or intentional breach of this Agreement, 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 BFI shall not be responsible for and shall not be in default of this Agreement as a result of, nor shall it be held liable for any interruptiondamages, curtailment claims, losses, or costs and expenses on account of, any interruption of the Andrita Services, including the Origination Services, to the extent that such interruption or failure occurs due to supply services. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy any of the Premises as a result of following: (i) damage to any such interruption, curtailment equipment or failure of or defect in such service, or change interruptions in the supplyAndrita Services caused by electrical storms, character and/or quantity offire, electrical serviceweather, and to restore any flood, natural disaster, national emergency or war, sabotage, riots, governmental authority (only where such services, remedy such situation and minimize any interference with Tenant’s business. The exercise act of any such right government or the occurrence of any such failure governmental authority is not caused 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 BFI's intentional breach of its obligations under this Amended and Restated LeaseAgreement, acts of God, willful 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 criminal 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 third parties beyond BFI's reasonable control, or Tenant’s ability to use and occupy part or all other forces outside the control 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, BFI; (ii) Tenant is unable tointerference from other communications systems, and does whether licensed or not, that use the same frequency bands as the Transmission Services herein, provided, that BFI shall use commercially reasonable efforts in its reasonable discretion to mitigate or eliminate any such part or all of the Premises as a result of such interruption or impairment, interference; (iii) Tenant shall have given notice respecting such any interruption or impairment to Landlordout of specification performance of the BFI Transponder, and any associated satellite transponders; (iv) Landlord shall have failed conditions, which are beyond the control of BFI, that threaten the safety of operations and maintenance personnel; (v) occasional interruptions due to cure such passing of the sun within the beamwidth of any associated BFI Transponder during the spring and fall equinox periods beyond BFI's reasonable control and customary care in the industry; (vi) degradation or interruptions of the Channel due to protection switching; (vii) outage or interruption or impairment within five (5) consecutive days after receiving such notice, then Rent hereunder as degradation due to such part or all atmospheric attenuation of the Premises Channel; (viii) such planned interruptions for testing or maintenance as may be agreed to in advance between Customer and BFI; (ix) any failure of Customer to fulfill an obligation hereunder where the failure of Customer to perform such obligation causes a service interruption; and/or (x) compliance by BFI with action by any court, agency, legislature or other governmental authority that makes it unlawful for BFI to provide the Andrita Services or any part thereof in accordance with this Agreement, in each case only where such action is not caused by BFI's intentional breach of its obligations under this Agreement ***** For the sake of clarity, BFI shall thereafter not be abated beginning responsible for any service interruptions for: (x) services or facilities arranged by the Customer and not provided by BFI, (y) any feeds into BFI provided by third parties or Customer whether arranged by BFI or not and any interruption caused by or related to any media or playlist provided by or on the first (1st) day behalf 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 occurCustomer. 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.*****

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. In the case of any scheduled interruptions of services, Landlord shall endeavor in good faith to provide Tenant with not less than five (5) Business Days advanced notice thereof. Landlord shall use reasonable efforts to cause the restoration of the interrupted utility or other service, and 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 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 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, except to the extent set forth 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 of electrical 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 Landlord 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 impairmentParty. In the event of a casualty or a Taking, the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section. Notwithstanding the foregoing, regardless of whether caused by an Unavoidable Delay, if any interruption, curtailment, stoppage or suspension of the Essential Services (as hereinbelow defined) shall continue for more than three (3) consecutive days and shall render the Premises (or any portion thereof) unusable for Tenant’s ordinary business, and if Tenant shall in fact cease using the Premises (or any portion thereof), then so long as no Event of Default exists hereunder, Tenant’s obligation to pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment due hereunder (or a pro-rata portion of same to the extent less than the entire Premises is unusable) shall be abated for the period beginning on the fourth (4th) day of such failure and shall continue until the earlier of use of the Premises for Tenant’s ordinary business is restored to Tenant or Tenant recommences the Premises or any portion thereof. Landlord will use its commercially reasonable efforts (subject to extension for Unavoidable Delays) (including reasonable expenditures of money) to cause the restoration of any interrupted utility or other service. For purposes hereof, “Essential Services” shall mean the provision of (a) cold water, (b) one (1) automatically-operated elevator, (c) heat and air conditioning in season, in the amounts and, during the hours and days provided for in Section 10.4, (d) electricity and (e) reasonable access to and from the Premises. Tenant’s abatement rights under this Section shall be Tenant’s sole and exclusive remedy for any interruption of any Essential Service that Landlord is required to furnish under this Lease. The provisions of this Section 10.11shall not apply in the event of a casualty or taking and the provisions of Article 11 or Article 12, as applicable, shall govern and control the parties rights and obligations in the event of a casualty or a taking.

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 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 Landlord. Notwithstanding the foregoing and any Tenant or any other provision Tenant Party, and such failure is caused primarily by the negligence or willful misconduct of this Lease 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 contrary 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 than in the event of a casualty or a Taking, for which the provisions of condemnation (it being acknowledged that such situations shall be governed by 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 10.11below.

Service Interruptions. Landlord reserves the right to suspend any service when necessaryFor purposes of this Lease, 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 a “Service Failure” shall cease or such Work of Improvement is completed and Landlord shall not be liable for mean any interruption, curtailment suspension or failure termination of services being provided to supply services. Tenant by Landlord shall use reasonable efforts or by third-party providers, whether engaged by Tenant or pursuant to minimize interference arrangements by such providers with Tenant’s use and occupancy Landlord, which are due to (1) the application of Laws; (2) the Premises as a result failure, interruption or malfunctioning of any such interruptionelectrical or mechanical equipment, curtailment utility or failure other service to the Building or Property; (3) the performance of repairs, maintenance, improvements or defect in such service, alterations; 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 (4) the occurrence of any such failure by other event or cause whether or not within the reasonable control of Landlord. Except as expressly set forth in this Lease, no Service Failure shall render Landlord shall not liable to Tenant, constitute a constructive eviction of Tenant, give rise to an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Rent, or relieve Tenant from the obligation to fulfill any of its obligations under this Amended and Restated Lease, covenant 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 Landlordagreement. Notwithstanding the foregoing and any other provision of this Lease anything to the contrary (other than contained in this Lease, in the event of a casualty or a TakingService Failure of any of the services described in Section 7.A(1) [but only if affecting the entire Building], for which the provisions of Articles 11 and 12 of this Lease shall govern(2), if and (i) any services to 7), then commencing on the 5th consecutive Business Day of such Service Failure, and provided that Tenant does not occupy the Premises or any utilities during the duration of such Service Failure, then Tenant shall, as its sole and exclusive remedy, be entitled to an equitable diminution of Rent based upon the Premises are interrupted due to a cause within Landlord’s reasonable control, or Tenant’s ability to use and occupy part or all pro rata portion of the Premises which is impaired due rendered unfit for occupancy for the Permitted Use, except to the foregoing activities extent such Service Failure is caused by a Tenant Party; provided, however, that if the Service Failure is caused by a fire or other casualty, Article 16 shall control in lieu of Landlordthe foregoing. In no event shall Landlord be liable to Tenant for any loss or damage, its agentsincluding the theft of Tenant’s Property (defined in Article 14), employees arising out of or contractors, in connection with any Service Failure or the performance failure of any such Work of ImprovementBuilding safety services, (ii) Tenant is unable to, and does not, use such part personnel 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 10.11equipment.

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 TenantXxxxxx’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 TenantXxxxxx’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 of electrical 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 In the event of a casualty or a Taking, for which the applicable provisions of Articles 11 and 12 of this Lease shall governprevail over the rent abatement provisions of this Section. The foregoing notwithstanding (but subject to the last sentence of this Section 10.13), if (i) any services Tenant is precluded from having reasonable access to the Premises or any utilities portion thereof and Tenant has ceased using the affected portion of the Premises for a period longer than three (3) consecutive Business Days or (ii) any failure or stoppage of any Essential Service (as defined in Section 15.6(b)) to be provided by Landlord under this Lease (a) precludes Tenant from having reasonable access to the Premises are interrupted due to a cause within Landlord’s reasonable control, or any portion thereof or renders the Premises or any portion thereof untenantable for the normal conduct of Tenant’s ability to use and occupy part business in all or all a portion of the Premises is impaired due to and, in either such case, Tenant has ceased using the foregoing activities of LandlordPremises or the affected portion thereof; (b) was not caused by Tenant, its employees, invitees or 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 (ivc) Landlord shall have failed to cure such interruption or impairment within five extends for a period longer than three (53) consecutive days after receiving such noticeBusiness Days, then Rent hereunder as Tenant’s obligation to such part or all pay Fixed Rent, Tenant’s Tax Payment and Tenant’s Operating Payment for the affected portion of the Premises shall thereafter be abated beginning on the first fourth (1st4th) day of such interruption or impairment until such time as such interruption is restored or such impairment Business Day following the date the aforementioned conditions are met and shall cease, or Tenant begins using such part or all of continue with respect to the Premises again, whichever shall first occur. Such abatement of Rent shall be Tenant’s sole recourse or the affected portion thereof (as applicable) until the conditions described in the event of such interruption or impairmentclause (a) no longer exist. In the event of a casualty or a Taking, the applicable provisions of this Lease shall prevail over the rent abatement provisions of this Section 10.11Section.

Service Interruptions. Landlord reserves the right to suspend any service when necessaryFor purposes of this Lease, 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 a “Service Failure” shall cease or such Work of Improvement is completed and Landlord shall not be liable for mean any interruption, curtailment suspension or failure termination of services being provided to supply services. Tenant by Landlord shall use reasonable efforts or by third-party providers, whether engaged by Tenant or pursuant to minimize interference arrangements by such providers with Tenant’s use and occupancy Landlord, which are due to (1) the application of Laws; (2) the Premises as a result failure, interruption or malfunctioning of any such interruptionelectrical or mechanical equipment, curtailment utility or failure other service to the Building or Property; (3) the performance of repairs, maintenance, improvements or defect in such service, alterations; 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 (4) the occurrence of any such failure by Landlord shall other event or cause whether or 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 within 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 reasonable control 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 Service Failure, Landlord shall use commercially reasonable efforts to cause the Service Failure to be remedied as promptly as reasonably practicable. Except as otherwise provided herein, no Service Failure shall render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article 14), arising out of or in connection with any Service Failure or the failure of any Building safety services, personnel or equipment. Notwithstanding the foregoing, commencing on the 5th consecutive Business Day of any Essential Service Failure (defined below) within Landlord’s control to prevent or correct (unless the Essential Service Failure is caused by a Takingfire or other casualty, in which event Article 16 controls), Tenant shall, as its sole remedy, be entitled to an equitable diminution of Base Rent based upon the applicable provisions pro rata portion of the Premises which is rendered unfit for the Permitted Use, except to the extent such Essential Service Failure is caused by a Tenant Party; commencing on the 120th consecutive day of any Essential Service Failure (unless the Essential Service Failure is caused by a fire or other casualty, in which event Article 16 controls), Tenant shall, as its sole remedy in addition to rental abatement provided above (except that Tenant shall not have the following remedy if and to the extent such Essential Service Failure is caused by a Tenant Party), be entitled to terminate this Lease shall prevail over upon written notice to Landlord, given prior to the provisions earlier of: (i) the 150th day of the Essential Service Failure or (ii) cure of the Essential Service Failure. For purposes of this Section 10.117.B, the term, “Essential Service Failure” shall mean and be limited to any interruption, suspension or termination of any of the following services being provided to Tenant by Landlord or by third-party providers: ventilation, heating and air conditioning, access to the Building and/or the Premises, water, sewer service, and electricity.

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 and, except as expressly provided in Section 6.3 above, or in this Section 10.11, 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. Except as otherwise expressly provided herein, 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 LandlordLandlord or any of the Landlord Parties. Notwithstanding the foregoing and If any other provision of this Lease service or utility 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 Premises should become unavailable (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 negligence or willful misconduct of Landlord, its agents, employees Landlord or contractors, any of the Landlord Parties for a period in the performance excess of any such Work of Improvement, twenty-four (24) consecutive hours or (ii) Tenant is unable tofor any other reason for a period in excess of six (6) consecutive Business Days, and does notTenant, use such part or all of in its reasonable business judgment, elects to close the Premises as a result thereof, all Rent and other charges shall axxxx from the commencement of said unavailability of such interruption service 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 utility until such time as such interruption said service or utility is restored or such impairment shall cease, or Tenant begins using such part or all of to the Premises again, whichever shall first occur. Such abatement of Rent shall be Tenant’s sole recourse in and Tenant is reasonably able to operate its business within 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 10.11Premises.

Service Interruptions. Landlord reserves the right will not be liable to suspend Tenant or any service when necessaryother person, by reason of Unavoidable Delaysfor direct or consequential damages, accidents or emergenciesotherwise, for any failure to supply any heat, air conditioning, elevator, cleaning, water, lighting or for any Work surges or interruptions of Improvement whichelectricity, 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 other service Landlord shall not be liable for any interruption, curtailment or failure has agreed to supply servicesduring any period. Landlord shall use reasonable efforts to minimize interference with Tenant’s use However, if such services are interrupted such that Tenant is prevented from using the Leased Premises (or a portion thereof) for a period of more than five (5) consecutive Business Days and occupancy of such interruption is attributable to: (a) 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 ; or (b) Landlord’s failure to act reasonably to restore such interruption after notice from Tenant or any governmental authority or utility company, then the foregoing and any other provision of this Lease Rent shall xxxxx with regard 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 proportion of the Leased Premises that 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 unusable until such time as Tenant is able to use the Leased Premises (or any portion thereof), and if the same continues for one hundred eighty (180) consecutive days and such interruption is restored attributable to: (a) the negligence or willful misconduct of Landlord; or (b) Landlord’s failure to act reasonably to restore such impairment interruption after notice from Tenant or any governmental authority or utility company, Tenant shall ceasebe entitled to terminate this Lease by delivering written notice thereof to Landlord. Landlord reserves the right temporarily to discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation, conditions of supply and demand which make any product unavailable, Landlord’s compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord, and Landlord will not be liable to Tenant begins using or any other person for such part discontinuation of services. Landlord will not be liable to Tenant or all any other person or entity for direct or consequential damages resulting from the admission to or exclusion from the Building of the Premises againany person. Except as provided hereinabove, whichever shall first occur. Such Landlord will not be liable for damages to persons or property or for injury to, or interruption of, business for any discontinuance of utilities or services provided by Landlord, nor will such discontinuance in any way be construed as an eviction of Tenant or cause an abatement of Rent shall be or operate to release Tenant from any of Tenant’s sole recourse obligations under this Lease. Landlord reserves the right from time to time to make changes in the event utilities and services provided by Landlord to the Building provided such changes do not detract from the level 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 10.11existing utilities and services.