Common use of Failure to Furnish Services Clause in Contracts

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.

Appears in 2 contracts

Sources: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)