Common use of Failure to Provide Clause in Contracts

Failure to Provide. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord to provide water, gas, electricity, and other utilities furnished to or consumed in the Building (a “Service Failure”) shall not render Landlord liable to Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is rendered untenantable for a period in excess of five (5) consecutive Business Days as a result of a Service Failure caused by Landlord, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. If the entire Premises have been rendered untenantable by a Service Failure that continues for more than thirty (30) days, and the Service Failure has been caused by the Landlord, the Tenant shall have the immediate right to terminate this Lease.