Failure to Furnish Services Clause Samples

Failure to Furnish Services. Tenant agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or for delay in furnishing any service when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of or inability to provide any services required to be provided by Landlord hereunder. Notwithstanding anything contained herein to the contrary, in the event any such interruption in services to be provided by Landlord under this Article 6. is caused by the negligence or willful misconduct of Landlord, and if such interruption causes the Premises to be untenantable, and as a result thereof Tenant in fact ceases to use the Premises for a period in excess of five (5) consecutive business days, then commencing on the sixth (6th) consecutive business day of such untenantability and non-use, then Base Rent and Rent Adjustments payable by Tenant shall be abated until the date the Premises are again tenantable. Notwithstanding the foregoing, however, in the event Tenant is entitled to recover the amount of Tenant's Base Rent or Rent Adjustments, or both, for such period of untenantability from Tenant's business interruption insurance or other insurance, then Tenant shall not be entitled to such abatement, it being the intent and agreement of Tenant to first proceed against its insurance carrier for any such loss of use. With respect to an interruption of utility services to be provided by Landlord under this Article 6., which interruption is not caused by Landlord's negligence or willful misconduct, Landlord's sole obligation shall be to use commercially reasonable efforts to pursue the restoration of such utility service to the extent that such resto...

Failure to Furnish Services. Notwithstanding anything to the contrary contained in the Lease, if the services Landlord is obligated to provide in accordance with the provisions of this Lease with the result that the Premises become untenantable for the use specified in Article 5, and such interruption persist for ten (10) business days or more then, in such event, and, in addition to any other rights to which Tenant is entitled under this Lease, at law and/or in equity, Tenant shall also be entitled to an abatement of all of its Base Rent and all Additional Rent for such period of time in excess of such ten (10) business day period until the service, as applicable, is provided or restored; provided that, if such interruption or failure is not capable of being cured by Landlord within such ten (10) business day period and was not caused by Landlord’s negligence or intentional misconduct, such abatement shall not take effect until a reasonable period of time (not to exceed ten (10) business days) after such interruption or failure becomes curable by Landlord, provided that Landlord at all times is diligently prosecuting such cure to completion.

Failure to Furnish Services. Tenant agrees that Landlord and its beneficiaries and their agents shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or for delay in furnishing any service when such failure or delay is occasioned, in whole or in part, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties; or by any cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease. Anything in Section 6.3 or this Lease to the contrary notwithstanding, if any Essential Service which Landlord is required to provide to Tenant under this Lease is interrupted (due to a failure or defect in such Essential Service caused by any act or omission of Landlord, and which failure or defect is under Landlord’s direct control (as opposed to the control of the public service utility company providing such service to the Building)) and is not caused by any act or omission of Tenant or any of its employees, agents or contractors (in which event there shall be no abatement of Rent as provided for in this Section 6.3), and if, as a result thereof, all of the Premises, or any portion thereof, is rendered untenantable or otherwise cannot be used for the reasonable conduct of Tenant’s business for a period of five (5) consecutive Business Days (as extended due to Force Majeure delays (as described in Section 30.11) or delays caused by Tenant) after written notice thereof is given by Tenant to Landlord (with reference made to the abatement provision in this Section 6.3), then Tenant, as its sole remedy therefor, shall be entitled to a proportionate abatement of the Rent for each day after the expiration of such five (5) Business Day period (as extended due to Force Majeure delays or delays caused by Tenant) that all or such portion of the Premises shall remain untenantable or otherwise cannot be used for the reasonable conduct of the Tenant’s business. Landlord, at Landlord’s cost (unless such interruption shall have been caused by any act or omission of Tenant or any of Tenant’s employees, agents or contractors, and then at Tenant’s cost), shall use reasonable diligence to restore any Essenti...

Failure to Furnish Services. Except as otherwise specifically provided in this Lease, Tenant agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or for delay in furnishing any service when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant's use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, provided, however, Landlord shall use commercially reasonable efforts to restore any interruption of such services to the extent Tenant advises Landlord of such interruption or such interruption is otherwise known by Landlord.

Failure to Furnish Services. If for any reason, Landlord is unable to furnish heating, air conditioning, electricity or other service to the Premises during the hours and on the days herein required, that fact shall not constitute grounds for the cancellation of this Lease, nor shall Landlord be liable to Tenant for damages of any sort whatsoever on that account, nor shall such matter entitle Tenant to ▇▇▇▇▇ Rent; PROVIDED, HOWEVER, in all such events, Landlord shall use good faith efforts to restore the interrupted service as promptly as possible.

Failure to Furnish Services. Tenant agrees that Landlord and its beneficiaries and their agents shall not be liable in damages, by abatement of Rent or otherwise, for failure to furnish or for delay in furnishing any service, or for any defect or change in the quantity or quality of electric energy or other utility or service available for redistribution to the Premises, nor for any interruption in the supply thereof, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water or other fuel at the Building after reasonable effort to do so, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays shall never be deemed an eviction or disturbance of Tenant’s use or possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease.