Common use of Interruption in Services Clause in Contracts

Interruption in Services. Landlord shall not be liable for damages to either persons or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement o£ Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure of Landlord to furnish any of the services listed in Section 4.1 above due to causes or circumstances beyond Landlord’s reasonable control, (ii) breakdown of equipment or machinery utilized in supplying services due to causes or circumstances beyond Landlord’s reasonable control, or (iii) cessation or interruption of services due to causes or circumstances beyond Landlord’s reasonable control. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Building, to provide restoration of services, where the cessation or interruption of service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding anything to the contrary contained in this Lease, if the Premises should become not reasonably suitable for Tenant’s use as a consequence of cessation of utilities or services required to be provided to the Premises by Landlord, the cessation occurs as the result of the negligence or willful misconduct of Landlord or Landlord’s Parties, and the interference with Tenant’s use of the Premises persists for ten (10) consecutive calendar days, and Tenant does not use the Premises as a result thereof, then Tenant shall be entitled to an equitable abatement of Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby.

Appears in 1 contract

Sources: Lease Agreement (Palmsource Inc)

Interruption in Services. Landlord shall not be liable for damages to either persons or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement o£ Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure of Landlord to furnish If any of the services listed in Section 4.1 above due Landlord is required to causes or circumstances beyond Landlord’s reasonable controlfurnish hereunder are interrupted, (ii) breakdown of equipment or machinery utilized in supplying services due to causes or circumstances beyond Landlord’s reasonable control, or (iii) cessation or interruption of services due to causes or circumstances beyond Landlord’s reasonable control. Landlord shall will use reasonable diligence to make such repairs restore the services promptly, but (except as may be required to machinery otherwise provided in this paragraph) Tenant will have no claim for rebate of Rent, damages (including damages for business interruption) or equipment within the Building, to provide restoration of services, where the cessation or interruption of service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored, by diligent application or request to the provider eviction on account thereof. Notwithstanding anything the foregoing, subject to the contrary contained in this LeaseArticle 11 and Article 12, if any portion of the Premises should become not reasonably suitable becomes unfit for Tenant’s use as a consequence of cessation of utilities occupancy because Landlord provides no access or services required to be provided no water, electricity, elevator service, lavatory service, air conditioning service or hearing service (individually, an “Essential Service” and collectively, the “Essential Services”) to the Premises by Landlord, the cessation occurs as the result (or any portion thereof) for a period in excess of the negligence or willful misconduct of Landlord or Landlord’s Partiesthree (3) consecutive Business Days, and the interference with Tenant’s lack of such Essential Service prevents Tenant from making reasonable use of the Premises persists (or any portion thereof) for ten (10) consecutive calendar days, and Tenant does not use the Premises as a result thereofpurpose intended by Tenant, then Tenant shall be entitled to an equitable a day-for-day abatement of Rent for each consecutive day (after such 3 Business Day period) that Landlord fails to deliver the extent Essential Service. In addition, if (i) the Essential Service is not restored within one hundred eighty (180) days after such Essential Service is interrupted; and (ii) the lack of the interference with Tenant’s such Essential Service prevents Tenant from making reasonable use of the Premises occasioned thereby(or any portion thereof) for the purpose intended by Tenant, then Tenant may terminate this Lease by giving written notice thereof to Landlord prior to the date on which the Essential Service is restored. Anything herein to the contrary notwithstanding, there shall be no such abatement of Rent if Landlord’s inability to provide such Essential Services is caused by misuse or neglect of Tenant or Tenant’s agents, employees or invitees.

Appears in 1 contract

Sources: Multi Tenant Office Lease Agreement (Paylocity Holding Corp)

Interruption in Services. Landlord shall not be liable for damages to either persons or property, nor shall Landlord be deemed to have evicted Tenant, nor shall there be any abatement of Rent, nor shall Tenant be relieved from performance of any covenant on its part to be performed hereunder by reason of (i) failure of Landlord to furnish any of the services listed in Section 4.1 above due to causes or circumstances beyond Landlord’s reasonable control, (ii) breakdown of equipment or machinery utilized in supplying services due to causes or circumstances beyond Landlord’s reasonable control, or (iii) cessation or interruption of services due to causes or circumstances beyond Landlord’s reasonable control. Landlord shall use reasonable diligence to make such repairs as may be required to machinery or equipment within the Building, to provide restoration of services, where the cessation or interruption of service has occurred due to circumstances or conditions beyond the Building boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. Notwithstanding anything to the contrary contained in this Lease, if the Premises should become not reasonably suitable for Tenant’s use as a consequence of cessation of utilities or services required to be provided to the Premises by Landlord, the cessation occurs as the result of the negligence or willful misconduct of Landlord or Landlord’s Parties, and the interference with Tenant’s use of the Premises persists for ten (10) consecutive calendar days, and Tenant does not use the Premises as a result thereof, then Tenant shall be entitled to an equitable abatement of Rent to the extent of the interference with Tenant’s use of the Premises occasioned thereby.

Appears in 1 contract

Sources: Lease Agreement (Palm Inc)