Common use of Sublessor's Liability Clause in Contracts

Sublessor's Liability. (a) With respect to any services or utilities to be furnished by Sublessor to Sublessee, Sublessor shall in no event be liable for failure to furnish the same when prevented from doing so by force, major strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Sublessor's reasonable control, or for any cause due to any act or neglect of Sublessee or Sublessee's servants, agents, employees, licensees or any person claiming by, through or under Sublessee; nor shall any such failure give rise to any claim in Sublessee's favor that Sublessee has been evicted, either constructively or actually, partially or wholly, provided however, that if the failure of utilities shall result in the inability of the Sublessee to use the Premises, the rent shall be abated during such period. (b) In no event shall either party ever be liable to the other party for any loss of business or any other indirect or consequential damages suffered by such party from whatever cause. (c) With respect to any repairs or restoration which are required or permitted to be made by Sublessor, the same may be made during normal business hours and Sublessor shall have no liability for damages to Sublessee for inconvenience, annoyance or interruption of business arising therefrom. (d) An "Abatement Event" shall be defined as an event or circumstance (other than those addressed in Articles 16 and 17 or by reason of some other event or circumstance beyond the control of the Sublessor, that prevents Sublessee from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises. Sublessee shall give Sublessor notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility Period" as that term is defined below), then the Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Sublessee continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Sublessee is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Sublessee is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Sublessee to effectively conduct its business therein, and if Sublessee does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Sublessee is so prevented from effectively conducting its business therein, Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely for such time as Sublessee continues to be so prevented from using, and does not use, the Premises. The term "Eligibility period" shall mean a period of three (3) consecutive days after Sublessor's receipt of any Abatement Notice(s). In addition, if an Abatement Event continues for thirty (30) consecutive days after any Abatement Notice, Sublessee may terminate this sublease by written notice to Sublessor at any time prior to the date such Abatement Event is cured by Sublessor.

Sublessor's Liability. (a) With respect to any services or utilities ----- ---------------------- to be furnished by Sublessor to Sublessee, Sublessor shall in no event be liable for failure to furnish the same when prevented from doing so by force, major strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Sublessor's 52 <PAGE> reasonable control, or for any cause due to any act or neglect of Sublessee or Sublessee's servants, agents, employees, licensees or any person claiming by, through or under Sublessee; nor shall any such failure give rise to any claim in Sublessee's favor that Sublessee has been evicted, either constructively or actually, partially or wholly, provided however, that if the failure of utilities shall result in the inability of the Sublessee to use the Premises, the rent shall be abated during such period. (b) In no event shall either party Sublessor ever be liable to the other party Sublessee for any loss of business or any other indirect or consequential damages suffered by such party Sublessee from whatever cause. (c) With respect to any repairs or restoration which are required or permitted to be made by Sublessor, the same may be made during normal business hours and Sublessor shall have no liability for damages to Sublessee for inconvenience, annoyance or interruption of business arising therefrom. (d) An "Abatement Event" shall be defined as an event or circumstance (other than those addressed in Articles 16 and 17 or by reason of some other event or circumstance beyond the control of the Sublessor, that prevents Sublessee from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises. Sublessee shall give Sublessor notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility eligibility Period" as that term is defined below), then the Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Sublessee continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Sublessee is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Sublessee is prevented from using, and does not use, a portion of the Premises premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not no sufficient to allow Sublessee to effectively conduct its business therein, and if Sublessee does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Sublessee is so prevented from effectively conducting its business therein, Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely for such time as Sublessee continues to be so prevented from using, and does not use, the Premises. The term "Eligibility period" shall mean a period of three (3) consecutive days after SublessorXxxxxxxxx's receipt of any Abatement Notice(s). In addition, if an Abatement Event continues for thirty (30) consecutive days after any Abatement Notice, Sublessee may terminate this sublease by written notice to Sublessor at any time prior to the date such Abatement Event is cured by Sublessor.

Sublessor's Liability. (a) With respect to any services or utilities ----- ---------------------- to be furnished by Sublessor to Sublessee, Sublessor shall in no event be liable for failure to furnish the same when prevented from doing so by force, major strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services, or because of war or other emergency, or for any cause beyond Sublessor's reasonable control, or for any cause due to any act or neglect of Sublessee or Sublessee's servants, agents, employees, licensees or any person claiming by, through or under Sublessee; nor shall any such failure give rise to any claim in Sublessee's favor that Sublessee has been evicted, either constructively or actually, partially or wholly, provided however, that if the failure of utilities shall result in the inability of the Sublessee to use the Premises, the rent shall be abated during such period. (b) In no event shall either party Sublessor ever be liable to the other party Sublessee for any loss of business or any other indirect or consequential damages suffered by such party Sublessee from whatever cause. (c) With respect to any repairs or restoration which are required or permitted to be made by Sublessor, the same may be made during normal business hours and Sublessor shall have no liability for damages to Sublessee for inconvenience, annoyance or interruption of business arising therefrom. (d) An "Abatement Event" shall be defined as an event or circumstance (other than those addressed in Articles 16 and 17 or by reason of some other event or circumstance beyond the control of the Sublessor, that prevents Sublessee from using the Premises or any portion thereof, as a result of any failure to provide services or access to the Premises. Sublessee shall give Sublessor notice ("Abatement Notice") of any such Abatement Event, and if such Abatement Event continues beyond the "Eligibility eligibility Period" as that term is defined below), then the Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for such time that Sublessee continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Sublessee is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Sublessee is prevented from using, and does not use, a portion of the Premises premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not no sufficient to allow Sublessee to effectively conduct its business therein, and if Sublessee does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Sublessee is so prevented from effectively conducting its business therein, Base Rent and Sublessee's other monetary obligations to Sublessor shall be abated entirely for such time as Sublessee continues to be so prevented from using, and does not use, the Premises. The term "Eligibility period" shall mean a period of three (3) consecutive days after Sublessor's receipt of any Abatement Notice(s). In addition, if an Abatement Event continues for thirty (30) consecutive days after any Abatement Notice, Sublessee may terminate this sublease by written notice to Sublessor at any time prior to the date such Abatement Event is cured by Sublessor.