Common use of Interruption of Service Clause in Contracts

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 2 contracts

Sources: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five three (53) consecutive Business Days days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five three (53) Business Day consecutive day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.shall

Appears in 2 contracts

Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in the foregoing, or any provision of this Lease to the contrary, if (i) an interruption or a curtailment, suspension or suspension, interruption and/or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees Tenant Party or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct willful misconduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges Additional Rent, for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its business operations in any portion part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges Additional Rent, shall only be proportionate to the nature and extent of the interruption of Tenant’s normal business operations or ability to use the Premises. The rights granted to Tenant under this paragraph (bSection 7.6(b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, air conditioning and heating, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph and Additional Rent hereunder shall apply only with respect to Basic Rent and Additional Rent allocable to the period after each of the conditions set forth in subsections clauses (i) through (iv) hereof above shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 2 contracts

Sources: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as otherwise set forth in paragraph (bSection 7.6(b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth otherwise expressly provided in paragraph (b) belowthis Lease, the failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentRent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) . Notwithstanding anything contained in this Lease herein to the contrary, if (i) an interruption or curtailmentin each instance of stoppage, suspension or stoppage of an Essential Service (as said term is hereinafter defined) Landlord shall occurexercise reasonable diligence to eliminate the cause thereof and, except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any of the same due contemplated stoppage and will use reasonable efforts to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted avoid unnecessary inconvenience to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of servicesreason thereof. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.ACTIVE/91437610.6

Appears in 1 contract

Sources: Lease (Proteostasis Therapeutics, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as otherwise set forth in paragraph (bSection 7.6(b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth otherwise expressly provided in paragraph (b) belowthis Lease, the failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentRent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. Notwithstanding anything herein to the contrary, in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof and, except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof. (b) Notwithstanding anything contained in this Lease to the contraryforegoing, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except if any of the same is due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or is an event which is covered by the provisions of Article 11 of this Lease (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of is within the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure reasonable control of Landlord to provide services, remedy (and Landlord shall is not otherwise be liable for impeded by reason of any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereofForce Majeure), the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.and

Appears in 1 contract

Sources: Lease Agreement (Aura Biosciences, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contraryforegoing, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of to the same extent due to (x) any negligent act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or (y) a casualty covered under Article 11 below (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result is the consequence of the Landlord’s negligence or a wrongful conduct willful misconduct, the restoration of the Landlord or which is within Landlord’s agents, servants, employees or contractors, reasonable control and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement so long as no uncured Event of one day’s Default then exists under this Lease, all Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of Additional Rent due hereunder with respect to the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any materially adversely affected portion of the Premises notwithstanding shall be abated for the period beginning on the sixth (6th) Business Day of such failure and shall continue until the applicable Essential Service Interruptionis restored to a level that the material, then adverse effect is eliminated. For purposes hereof, “Essential Services” shall mean the amount provision of each daily abatement of Basic Rent (A) water and Escalation Charges shall only be proportionate sanitary sewer, (B) electricity in amounts required under this Lease, and (C) access to the nature Premises and extent of the interruption of Tenant’s normal operations or ability elevator service to use the Premises. The rights granted to Tenant under this paragraph (b) hereunder shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide servicesEssential Services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Howard Bancorp Inc)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the BuildingBuildings, or other portions of the Property, provided that, except in the event of any emergency, Landlord shall provide Tenant has one reasonable means of access to the Premises with at all timesleast seven (7) days prior notice before taking any such action, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord, reasonably exercised, desirable or necessary’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 10 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Caliper Life Sciences Inc)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) . Notwithstanding anything contained in this Lease to the contraryforegoing, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term Landlord ceases to furnish any utility service to be provided by Landlord hereunder that is hereinafter defined) shall occur, except any necessary for use of the same due to any act or neglect Premises for a period in excess of fifteen (15) consecutive days after Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant notifies Landlord of such cessation (any such interruption of an Essential Service being hereinafter referred to as a the Service InterruptionInterruption Notice”), and ; (ii) such Service Interruption occurs or continues as a result of cessation is caused by the negligence or a wrongful conduct willful misconduct of the Landlord or Landlord’s , its agents, servants, employees or contractors, and ; (iii) such Service Interruption continues for more than five cessation is not caused by a fire or other casualty (5) consecutive Business Days after Landlord in which case Section 11 shall have received notice thereof from Tenant, control); and (iv) as a result of such Service Interruptioncessation, the conduct of Tenant’s normal operations Premises or a material portion thereof, is rendered untenantable and Tenant in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability fact ceases to use the Premises. The rights granted to Tenant under this paragraph (b) , or material portion thereof, then Tenant, as its sole remedy, shall be Tenantentitled to receive a proportionate abatement of Base Rent payable hereunder during the period beginning on the sixthteenth (16th) consecutive day following Landlord’s sole receipt of the Interruption Notice and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall ending on the day when the service in question has been restored. In the event the entire Premises has not otherwise be liable for any loss or damage suffered or sustained been rendered untenantable by Tenant resulting from any failure or the cessation of services. For purposes hereofin service, the term “Essential Services” amount of abatement that Tenant is entitled to receive shall mean be prorated based upon the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each percentage of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied Premises so rendered untenantable and only during such times as each of such conditions shall existnot used by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Arsanis, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord, reasonably exercised, desirable or necessary’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in . In exercising its rights under this Lease Section 10.4, Landlord shall make a commercially reasonable effort not to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or materially interfere with Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), use and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part occupancy of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall existthereto.

Appears in 1 contract

Sources: Lease Agreement (Deciphera Pharmaceuticals, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord, reasonably exercised, desirable or necessary’s judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Apellis Pharmaceuticals, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five fifteen (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.15)

Appears in 1 contract

Sources: Lease (PSW Technologies Inc)

Interruption of Service. (a) Landlord reserves the right to curtailstop heating, suspendair conditioning, interrupt and/or stop the supply of waterelevator, sewageplumbing, electrical currentelectric, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricitysewer, water, gastelephone and any other systems or services when necessary in order to make repairs to the system, steamthe service or to the Demised Premises or to the Research Campus or for the purpose of installation of equipment, coalor on account of acts of God or the elements, oil labor disturbances of any character, or accidents or restrictions on the use of said services and utilities due to energy shortages or any other suitable fuel causes, or power; provided, howeverto comply with any governmental regulation or request. Furthermore, Landlord shall use be entitled to cooperate voluntarily in a reasonable manner with the efforts to restore any such serviceof governmental bodies or utility suppliers in reducing energy consumption. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best its reasonable efforts to restore minimize any such interruptions or reductions in any system or service. With respect to non-emergency repairs and maintenance, Wherever possible Landlord shall provide give Tenant with reasonable advance notice and shall schedule such repairs and maintenance of the stoppage or curtailment of any system or service in a manner or to minimize disruption with Tenant’s business operations at the Demised Premises. Except as set forth If Landlord fails to initiate or diligently pursue curing an interruption in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any one of the obligations above-identified services or systems within five (5) days of Tenant be affected or reduced by reason of, any such the onset of the interruption, curtailmentor if Landlord initiates and diligently pursues a cure, suspension but if notwithstanding Landlord's efforts, the interrupted service or stoppage in the furnishing of the foregoing services or usesystem is not restored within ten (10) days, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph then Tenant shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant entitled to an abatement of rentthat portion of the Basic Monthly Rent, nor Operating Expenses and Taxes attributable to render those parts of the Landlord liable Demised Premises that are rendered unfit for Tenant's use or occupancy in damagesconsequence of the interruption, nor release Tenant from prompt fulfillment said abatement to commence on the sixth (6th) day following the onset and to remain effective until the interruption is cured or an adequate substitute provided. Notwithstanding the requirements of any other Article of its covenants under this Lease. (b) Notwithstanding anything contained Agreement, Landlord shall not be liable to Tenant, or to any person claiming through Tenant, for loss or injury to Tenant or Tenant's property, work in this Lease process or any other thing or matter, however occurring, or for any interruption to Tenant's business, through or in connection with or incidental to the contraryfurnishing of, if (i) an interruption or curtailmentfailure to furnish, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act aforesaid systems or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Pathogenesis Corp)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to either of the BuildingBuildings, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents agents, employees, contractors or invitees or any person claiming by, through or under Tenant Tenant, or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence negligent acts or a wrongful conduct misconduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five seven (57) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.such

Appears in 1 contract

Sources: Lease (Boston Private Financial Holdings Inc)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s 's control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s 's business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term "Essential Services" shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Repligen Corp)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply and/or flow of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving as access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary or advisable, in Landlord’s commercially reasonable judgment, by reason of accident or emergency, or for repairs, alterations, replacements or improvements necessary or advisable, in the judgment of Landlord, reasonably exercised, desirable or necessary’s commercially reasonable judgment, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employeesAgents, invitees or independent contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent Basic Rent or other compensationAdditional Rent, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure Landlord shall use commercially reasonable efforts to minimize interruption of Tenant’s business. Failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph ARTICLE 9 shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rentBasic Rent or Additional Rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Chiasma, Inc)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five thirty (530) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five thirty (530) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges Additional Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease Agreement (Ameresco, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five fifteen (515) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Escalation Charges Additional Rent on account of Operating Expenses and Taxes for each day during which such Service Interruption continues after such five fifteen (515) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges Additional Rent on account of Operating Expenses and Taxes shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term "Essential Services" shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent and Additional Rent on account of Operating Expenses and Taxes under this paragraph shall apply only with respect to Basic Rent and Additional Rent on account of Operating Expenses and Taxes allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease (Sonus Networks Inc)

Interruption of Service. (a) Landlord reserves the right to curtailshall not be responsible in any manner for any suspension, suspend, interrupt and/or stop the supply interruption or curtailment of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, any services or other portions of the Property, provided Tenant has one reasonable means of access utilities to the Premises at all times(an "INTERRUPTION"), without thereby incurring any liability to Tenantregardless of the cause thereof, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, reasonably exercised, desirable or necessary, or when prevented from supplying and no such services or use due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees or curtailment shall give rise to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or any claim for abatement of rent or other compensationcompensation to Tenant from Landlord, nor shall Tenant claim any direct, indirect or consequential damages shall or will be claimed by Tenant as a result ofconstructive eviction on account thereof, nor shall this Lease or any of the obligations obligation of Tenant be affected or reduced by reason ofthereby. Notwithstanding the foregoing, if Tenant shall give Landlord notice ("ABATEMENT NOTICE") of any such interruptionAbatement Event, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) defined below, failure or omission on and if such Abatement Event continues beyond the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service "Eligibility Period" (as said that term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”defined below), and (ii) such Service Interruption occurs or continues as a result of then the negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Basic Rent and Escalation Charges Tenant's other monetary obligations to Landlord shall be abated entirely or reduced, as the case may be, after expiration of the Eligibility Period for each day during which such Service Interruption time that Tenant continues after such five (5) Business Day periodto be so prevented from using, and does not use, the Premises 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; provided, however, in the event that if any part Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is reasonably useable for Tenant’s normal not sufficient to allow Tenant to effectively conduct its business operations or therein, and if Tenant conducts all or any part of does not conduct its operations in any portion business from such remaining portion, then for such time after expiration of the Premises notwithstanding such Service InterruptionEligibility Period during which Tenant is so prevented from effectively conducting its business therein, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.and

Appears in 1 contract

Sources: Lease (Silverstream Software Inc)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph PARAGRAPH (bB) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph PARAGRAPH (bB) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service Interruption”"SERVICE INTERRUPTION"), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph In the event of a (a) Service Interruption that continues for 180 days after Landlord shall have received notice thereof from Tenant, and (b) shall be Tenant’s sole and exclusive remedy resulting from occurs or continues as a failure result of the negligence or a wrongful conduct of the Landlord to provide servicesor Landlord's agents, servants, employees or contractors, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (ic) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.a result of

Appears in 1 contract

Sources: Lease (Compbenefits Corp)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no No diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, The failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in the foregoing, or any provision of this Lease to the contrary, if (i1) an interruption or a curtailment, suspension or suspension, interruption and/or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant Party (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (ii) such 2)such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct willful misconduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii3) such Service Interruption continues for more than five (5) consecutive Business Days after Landlord shall have received written notice thereof from Tenant, and (iv4) as a result of such Service Interruption, the conduct of Tenant’s 's normal business operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Escalation Charges Direct Expense Charges, for each day during which such Service Interruption continues after such five (5) Business Day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its business operations in any portion part of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges Direct Expense Charges, shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal business operations or ability to use the Premises. The rights granted to Tenant under this paragraph (bSection 7.6(b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term "Essential Services" shall mean the following services: (a) access to the Premises, gas(b) water/sewer service, water and sewer/septic service and (c) electricity; provided, but however, only to the extent that Landlord has an obligation to provide same the foregoing items to Tenant under this Lease. Any abatement of Basic Rent and Direct Expense Charges under this paragraph Section 7.6(b) shall apply only with respect to Basic Rent and Direct Expense Charges allocable to the period after each of the conditions set forth in subsections clauses (i1) through (iv4) hereof above shall have been satisfied and only during such times as each of such conditions shall exist. Notwithstanding anything to the contrary contained herein, if Tenant or any Tenant Party shall delay Landlord in restoring any Essential Service, any abatement of Basic Rent and Direct Expense Charges provided for pursuant to this Section 7.6(b) shall be reduced by one day for each day attributable to such delay.

Appears in 1 contract

Sources: Lease Agreement (Hims & Hers Health, Inc.)

Interruption of Service. (a) Landlord reserves the right to curtail, suspend, interrupt and/or stop the supply of water, sewage, electrical current, cleaning, and other services, and to curtail, suspend, interrupt and/or stop use of entrances and/or lobbies serving access to the Building, or other portions of the Property, provided Tenant has one reasonable means of access to the Premises at all times, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for repairs, alterations, replacements or improvements in the judgment of Landlord, Landlord reasonably exercised, exercised desirable or necessary, or when prevented from supplying such services or use due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant or by Force Majeure, including, but not limited to, strikes, lockouts, difficulty in obtaining materials, accidents, laws or orders, or inability, by exercise of reasonable diligence, to obtain electricity, water, gas, steam, coal, oil or other suitable fuel or power; provided, however, Landlord shall use reasonable efforts to restore any such service. If, however, such curtailment, suspension, interruption and/or stoppage may be restored by Landlord and is within Landlord’s control, Landlord agrees to use best efforts to restore such service. With respect to non-emergency repairs and maintenance, Landlord shall provide Tenant with reasonable advance notice and shall schedule such repairs and maintenance in a manner to minimize disruption with Tenant’s business operations at the Premises. Except as set forth in paragraph (b) below, no diminution or abatement of rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of, any such interruption, curtailment, suspension or stoppage in the furnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in paragraph (b) below, failure or omission on the part of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from prompt fulfillment of any of its covenants under this Lease. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter hereafter defined) shall occur, except any of the same due to any act or neglect of Tenant or Tenant’s 's agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a "Service Interruption"), and (ii) such Service Interruption occurs or continues as a result of the negligence or a wrongful conduct of the Landlord or Landlord’s 's agents, servants, employees or contractors, and (iii) such Service Interruption continues for more than five thirty (530) consecutive Business Days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s 's normal operations in the Premises are we materially and adversely affected, then there shall be an abatement of one day’s 's Basic Rent and Escalation Charges for each day during which such Service Interruption continues after such five thirty (530) Business Day Days period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s 's normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Basic Rent and Escalation Charges Additional Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s 's normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph (b) shall be Tenant’s 's sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term "Essential Services" shall mean the following services: access to the Premises, gas, water and sewer/septic service and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under Under this Lease. Any abatement of Basic Rent under this paragraph shall apply only with respect to Basic Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such times as each of such conditions shall exist.

Appears in 1 contract

Sources: Lease (Telehublink Corp)