Common use of Failure to Provide Services Clause in Contracts

Failure to Provide Services. Notwithstanding anything to the contrary set forth in this Lease, Landlord hereby agrees that if there is an interruption or discontinuance of the services which Landlord has agreed to provide in this Lease that are within Landlord’s full control and that renders the Premises un-tenantable and continues for a period of five (5) or more consecutive business days after Landlord receives written notice thereof from Tenant (hereinafter referred to as “Unauthorized Interruption”), Tenant’s Base Rent and all other charges shall ▇▇▇▇▇ commencing at the end of said five (5) business day period and continuing until such time as the Premises are rendered tenantable. However, if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part of Tenant, its agents or employees, or due to Tenant’s failure to comply with the provisions hereof, Tenant’s Base Rent and all other charges shall not ▇▇▇▇▇, except to the extent of Landlord’s recovery with regard to the Premises under its rental insurance, if any. Provided, however, if any such Unauthorized Interruption is as a result of the Landlord’s (or its employees’, contractors’, representatives’ or agents’) gross negligence or willful misconduct, and such interruption continues for five (5) consecutive business days after notice of such Unauthorized Interruption is given to Landlord, then Tenant shall be entitled to an abatement of its obligations to make payments of Rent, commencing on the sixth (6th) business day after the notice of such interruption is given and continuing until such time as the interruption ceases. If such interruption shall continue for thirty (30) consecutive days, Tenant may elect to terminate this Lease upon ten (10) days’ notice to Landlord; provided, however, that the election to terminate shall be of no force and effect if prior to the expiration of said ten (10) day period the cause of such Unauthorized Interruption shall have been removed by Landlord. No portion of such Rent so abated shall be subject to subsequent recapture. The specified remedies herein shall be non-exclusive of each other and in addition to any other remedies available to Tenant at law or in equity.

Failure to Provide Services. Landlord shall have no liability for damages, abatement of Rent or otherwise, to Tenant or others based on any failure by Tenant to furnish or delay in furnishing the foregoing or any other utilities or services hereunder, or for any diminution in the quality or quantity thereof, due, in whole or in part, to Force Majeure, repair or maintenance work or any other reason, and such failure shall neither render Landlord liable for damages to either person or property, nor be construed as an eviction of Tenant, nor a disturbance of Tenant’s use and possession of the Premises, nor cause a diminution or abatement of Rent nor relieve Tenant of any of Tenant’s obligations hereunder. Furthermore, Landlord shall not be liable under any circumstances for a loss of, or injury to, property or for injury to, or interference with, ▇▇▇▇▇▇’s business, including, without limitation, loss of profits, however occurring, through or in connection with or incidental to a failure to furnish any of the services or utilities required hereunder. To the extent possible, any scheduled Building Systems shutdown shall be reasonably coordinated with Tenant to minimize impact on Tenant’s business operations. Notwithstanding the foregoing or anything to the contrary set forth in this Leasecontained herein, Landlord hereby agrees that if there is an interruption or discontinuance any of the essential services which Landlord has agreed to provide in be provided pursuant to this Lease that are within is suspended as a result of the gross negligence or willful misconduct of Landlord (or Landlord’s full control agents, employees or contractors) (a “Service Interruption”), and that such Service Interruption renders all or a material portion of the Premises un-tenantable unusable for Tenant's normal business purposes permitted hereunder and continues Tenant does not actually use the affected portion of the Premises as a result thereof, for a continuous period of five (5) or more consecutive business days after Landlord receives following written notice thereof from Tenant (hereinafter referred to as except in the event of Force Majeure or any act or omission of Tenant) (the “Unauthorized InterruptionService Interruption Eligibility Period”), then, as Tenant’s 's sole remedy in connection with such Service Interruption, Base Rent and all other charges due under this Lease shall ▇▇▇▇▇ commencing at be abated based on the end proportion that the affected portion of said five (5) business day period and continuing until such time as the Premises are rendered tenantable. Howeverbears to the entire Premises (provided, however, that if the Unauthorized Interruption affected portion of the Premises is such that Tenant cannot operate for its normal business purposes permitted hereunder from, and does not actually use, the result entirety of any misconduct or negligent acts on the part of TenantPremises, its agents or employees, or due to Tenant’s failure to comply with the provisions hereof, Tenant’s then all Base Rent and all other charges shall not so ▇▇▇▇▇, except to the extent of Landlord’s recovery with regard to the Premises under its rental insurance, if any. Provided, however, if any such Unauthorized Interruption is as a result of the Landlord’s (or its employees’, contractors’, representatives’ or agents’) gross negligence or willful misconduct, and such interruption continues for five (5) consecutive business days after notice of such Unauthorized Interruption is given to Landlord, then Tenant shall be entitled to an abatement of its obligations to make payments of Rent, commencing on the sixth (6th) business day after the notice of such interruption is given and continuing until such time as the interruption ceases. If such interruption shall continue for thirty (30) consecutive days, Tenant may elect to terminate this Lease upon ten (10) days’ notice to Landlord; provided, however, that the election to terminate shall be of no force and effect if prior to from the expiration of said ten the Service Interruption Eligibility Period until the earlier of (10i) day period the cause of such Unauthorized date the Service Interruption shall have been removed by Landlord. No is corrected and (ii) the date Tenant is able to use the affected portion of such Rent so abated shall be subject to subsequent recapture. The specified remedies herein shall be non-exclusive of each other and in addition to any other remedies available to Tenant at law or in equity.the Premises for its normal business purposes..

Failure to Provide Services. Notwithstanding anything If any of the services described in this Section 28, or Tenant’s access to the contrary set forth Premises, the Garage or other Common Areas are interrupted, Landlord will use its best efforts to resume the service or access to the extent the same is within the reasonable control of Landlord, and Landlord will use all due diligence to cause others to resume the service or access to the extent the same is beyond the reasonable control of Landlord. Except as otherwise provided in this Lease, Landlord hereby agrees that if there is shall have no liability to Tenant or others based on any failure by Landlord to furnish the foregoing due to Unavoidable Delays and such failure shall neither render Landlord liable for damages to either person or property, nor be construed as an interruption or discontinuance of the services which Landlord has agreed to provide in this Lease that are within Landlord’s full control and that renders the Premises un-tenantable and continues for a period of five (5) or more consecutive business days after Landlord receives written notice thereof from Tenant (hereinafter referred to as “Unauthorized Interruption”), Tenant’s Base Rent and all other charges shall ▇▇▇▇▇ commencing at the end of said five (5) business day period and continuing until such time as the Premises are rendered tenantable. However, if the Unauthorized Interruption is the result of any misconduct or negligent acts on the part eviction of Tenant, its agents nor cause a diminution or employees, or due to abatement of Rent nor relieve Tenant of any of Tenant’s failure to comply with obligations hereunder. In the provisions hereofevent Tenant is prevented from using, Tenant’s Base Rent and all other charges shall does not ▇▇▇▇▇use, except to the extent of Landlord’s recovery with regard to the Premises under its rental insuranceor any portion thereof, if any. Provided, however, if any such Unauthorized Interruption is as a result of the Landlord’s (or its employees’, contractors’, representatives’ or agents’) gross negligence or willful misconduct, and such interruption continues for five (5) consecutive business days after notice or five (5) business days in any twelve (12) month period (the “Eligibility Period”) as a result of such Unauthorized Interruption any matter which substantially interferes with Tenant’s use of the same, if the reason for the suspension or the continuation of the suspension is given anything other than an Unavoidable Delay, provided that any matter caused by the acts or omissions of tenants or other occupants of the Building shall not be deemed to Landlordresult in an Unavoidable Delay for purposes of this Section, then Tenant the Rent (including parking charges) shall be entitled to an abatement of its obligations to make payments of Rentabated or reduced, commencing on as the sixth (6th) business day case may be, after the notice expiration of such interruption is given and continuing until the Eligibility Period for such time as that Tenant continues to be so prevented from using, and does not use, the interruption ceasesPremises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. If However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any 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 Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such interruption remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Rent for the entire Premises (including all of Tenant’s parking charges) shall continue for thirty (30) consecutive days, Tenant may elect to terminate this Lease upon ten (10) days’ notice to Landlordbe abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the Rent (including parking charges) allocable to such reoccupied portion, based on the proportion that the election rentable area of such reoccupied portion of the Premises bears to terminate the total rentable area of the Premises, shall be of no force and effect if prior payable by Tenant from the date such business operations commence. Notwithstanding the foregoing, the Eligibility Period shall not be applicable to the expiration extent that the abatement of said ten Tenant’s Rent (10including parking charges) day period during the cause Eligibility Period is covered by insurance obtained by Landlord as part of such Unauthorized Interruption shall have been removed by LandlordOperating Expenses. No portion of such If Tenant’s right to abatement occurs during the Free Rent so abated Period, then the Free Rent Period shall be subject to subsequent recapture. The specified remedies herein shall be non-exclusive extended for the number of each other and in addition to any other remedies available to Tenant at law or in equitydays that the abatement period overlapped the Free Rent Period.