Common use of Failure to Provide Services and Repairs Clause in Contracts

Failure to Provide Services and Repairs. (a) Landlord shall not be liable for any failure to perform any act or provide any service required hereunder unless Tenant shall have given notice of such failure, and such failure continues for at least thirty days thereafter. If any such failure is caused by factors beyond Landlord's reasonable control, then Landlord shall not be liable to Tenant in any event. No such failure whether or not within Landlord's reasonable control, shall constitute constructive eviction or give rise to any rental abatement or reduction except as provided in subsection 5.7(b) and (c), below. Except as specifically provided in Section 10.7, Tenant hereby waives any right to make repairs or provide maintenance at Landlord's expense under any law or ordinance. (b) In the event (i) Landlord fails to perform any act or provide any service required hereunder and such failure occurs for reasons other than events that are beyond Landlord's reasonable control or if Landlord undertakes work described in Section 5.5 hereof which, for reasons other than events that are beyond Landlord's reasonable control, results in interference with ▇▇▇▇▇▇'s use and occupancy of the Premises; (ii) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business, and (iii) such substantial interference continues after notice from Tenant to Landlord in excess of ten (10) consecutive days (other than for causes which are beyond Landlord's reasonable control), Base Rent hereof shall be abated for the period from the date of commencement of such substantial interference to the date on which such substantial interference no longer exists; provided, however, that the provisions of this subsection (b) shall not apply to occurrences governed by the provisions of Sections 8.1 or 8.2 hereof. (c) In the event that for reasons beyond Landlord's reasonable control, Landlord (i) fails to perform any act or provide any service required hereunder, or any undertaking described in Section 5.5 hereof results in interference with ▇▇▇▇▇▇'s use and occupancy of the Premises; (i) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business, and (ii) such substantial interference continues after notice from Tenant to Landlord in excess of thirty (30) consecutive days, Base Rent shall be abated beginning on the thirty-first (31st) consecutive day of such substantial interference and continuing until the date on which such substantial interference no longer exists; provided, however, that the provisions of this subsection (c) shall not apply to occurrences governed by the provisions of Sections 8.1 or 8.2 hereof. (d) In the event that (i) Landlord fails to perform any act or provide any service required hereunder or undertakes any work described in Section 5.5 hereof, (ii) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business and (iii) such substantial interference continues for one hundred eighty (180) consecutive days, Tenant may, by written notice to Landlord while such substantial interference continues, elect to terminate this Lease. In such case this Lease will terminate on the date which is fifteen (15) days after such notice unless such substantial interference is discontinued prior to such date.

Failure to Provide Services and Repairs. Notwithstanding anything to the contrary contained in this Lease, if any essential services (asuch as HVAC, electricity, water, passenger elevators if necessary for reasonable access to the Premises, etc.) supplied by Landlord are interrupted rendering a material portion of the Premises untenantable, or if a material portion of the Premises are rendered untenantable in whole or in part as a result of actions of or a default by Landlord, a constructive eviction, contamination of the Premises, Building or Property, and such untenantability does not result from the negligence or willful misconduct of Tenant, its employees, contractors, or agents, Tenant shall be entitled to an equitable abatement of Base Rent and additional rent beginning ten (10) days after the day on which Tenant notifies Landlord that a material portion of the Premises are rendered untenantable in whole or in part. The abatement shall end when tenantability is restored and Tenant is able to use the entire Premises to conduct its business operations therein. During any such untenantability, Landlord shall use commercially reasonable efforts to restore the services and render the entire Premises tenantable. Landlord shall not be in default or liable for any failure to perform any act or obligation or provide any service required hereunder unless Tenant shall have given notice of such failure, and such failure continues for at least thirty (30) days thereafter. If any ; provided, however, that if the nature of Landlord’s obligation is such failure is caused by factors beyond Landlord's reasonable controlthat more than thirty (30) days are required for its performance, then Landlord shall not be liable or in default if it commences such performance within thirty (30) days and thereafter diligently pursues such performance to Tenant in any eventcompletion. No such failure whether or not within Landlord's reasonable control, shall constitute constructive eviction or give rise to any rental abatement or reduction except as provided in subsection 5.7(b) and (c), below. Except as specifically provided in Section 10.7, Tenant hereby waives any right under any law, ordinance, regulation or judicial decision to make repairs or provide maintenance or perform any of Landlord’s other obligations hereunder at Landlord's expense under any law or ordinance’s expense. (b) In the event (i) Landlord fails to perform any act or provide any service required hereunder and such failure occurs for reasons other than events that are beyond Landlord's reasonable control or if Landlord undertakes work described in Section 5.5 hereof which, for reasons other than events that are beyond Landlord's reasonable control, results in interference with ▇▇▇▇▇▇'s use and occupancy of the Premises; (ii) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business, and (iii) such substantial interference continues after notice from Tenant to Landlord in excess of ten (10) consecutive days (other than for causes which are beyond Landlord's reasonable control), Base Rent hereof shall be abated for the period from the date of commencement of such substantial interference to the date on which such substantial interference no longer exists; provided, however, that the provisions of this subsection (b) shall not apply to occurrences governed by the provisions of Sections 8.1 or 8.2 hereof. (c) In the event that for reasons beyond Landlord's reasonable control, Landlord (i) fails to perform any act or provide any service required hereunder, or any undertaking described in Section 5.5 hereof results in interference with ▇▇▇▇▇▇'s use and occupancy of the Premises; (i) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business, and (ii) such substantial interference continues after notice from Tenant to Landlord in excess of thirty (30) consecutive days, Base Rent shall be abated beginning on the thirty-first (31st) consecutive day of such substantial interference and continuing until the date on which such substantial interference no longer exists; provided, however, that the provisions of this subsection (c) shall not apply to occurrences governed by the provisions of Sections 8.1 or 8.2 hereof. (d) In the event that (i) Landlord fails to perform any act or provide any service required hereunder or undertakes any work described in Section 5.5 hereof, (ii) such failure or undertaking causes such substantial interference with ▇▇▇▇▇▇'s use and occupancy that Tenant cannot use the Premises for the conduct of its business and (iii) such substantial interference continues for one hundred eighty (180) consecutive days, Tenant may, by written notice to Landlord while such substantial interference continues, elect to terminate this Lease. In such case this Lease will terminate on the date which is fifteen (15) days after such notice unless such substantial interference is discontinued prior to such date.