Common use of Interference with Access Clause in Contracts

Interference with Access. Landlord shall provide to City access to the Building and the Premises twenty-four (24) hours per day, seven (7) days per week, together with uninterrupted access thereto to the maximum extent possible, including, without limitation, during any power outages affecting the Premises or any portion of the Building; provided, however, that Landlord may, after consultation with the City’s Administrator, interrupt City’s access to the Premises in the event of an immediate threat of the Premises or any other portion of the Building being rendered unsafe for human occupancy. If City’s use of any of the Premises or access thereto is interrupted as a result of the Premises, or any other portion of the Building being rendered unsafe for human occupancy due to Landlord’s failure to comply with its obligations under this Lease or for any other reason other than City’s default hereunder, then Landlord shall immediately undertake all necessary steps to correct such condition. In the event such condition continues for five (5) business days and materially impairs City’s ability to carry on its business in the Premises, the Rent payable hereunder shall be abated based on the extent to which such interruption of access to the Premises interferes with City’s ability to carry on its business at the Premises. If any such default by Landlord shall continue for thirty (30) days or more after City’s use is interrupted and materially impairs City’s ability to carry on its business in the Premises, then City shall have the right, as its sole legal and equitable remedy under this Lease, to terminate this Lease, unless Landlord supplies City with evidence reasonably satisfactory to City that City’s normal and safe use will be restored within ninety (90) days of the date City’s use was interrupted due to Landlord’s failure to comply with its obligations under this Lease or the negligence or willful misconduct of Landlord or its Agents, and such use is actually restored within such 90-day period. Nothing in this Section shall limit the rights of the parties with respect to any disruption due to casualty pursuant to Section 12 (Damage and Destruction) hereof.

Interference with Access. Landlord shall provide to City access to the Building and at all times use of the Premises twenty-four (24) hours per day, seven (7) days per week, together with and uninterrupted access thereto to the maximum extent possible, including, without limitation, during any power outages affecting the Premises or any portion of the Building; provided, however, that Landlord may, after consultation with the City’s Administrator, interrupt City’s access to the Premises or the Building in the event of an immediate threat of the Premises Premises, the Common Areas or any other portion of the Building being rendered unsafe for human occupancy. If City’s use of any of the Premises or access thereto is interrupted as a result of the Premises, the Common Areas or any other portion of the Building being rendered unsafe for human occupancy due to Landlord’s failure to comply with its obligations under this Lease or for any other reason other than City’s default hereunder, then Landlord shall immediately undertake all necessary steps to correct such condition. In the event such condition continues for five (5) business or more consecutive days and materially impairs City’s ability to carry on its business in the Premises, the Rent payable hereunder shall be abated based on the extent to which such interruption of access to the Premises default interferes with City’s ability to carry on its business at the Premises. If any such default by Landlord shall continue for thirty (30) days or more after City’s use is interrupted and materially impairs City’s ability to carry on its business in the Premises, then City shall have the right, as without limiting any of its sole legal and equitable remedy other rights under this Lease, Lease to terminate this Lease, unless Landlord supplies City with evidence reasonably satisfactory to City that City’s normal and safe use will be restored within ninety sixty (9060) days of the date City’s use was interrupted due to Landlord’s failure to comply with its obligations under this Lease or the negligence or willful misconduct of Landlord or its Agentsinterrupted, and such use is actually restored within such 9060-day period. Nothing in this Section shall limit the City’s rights of the parties with respect to any disruption due to casualty pursuant to Section 12 (Damage and Destruction) hereof.