Common use of Interruption of Services Clause in Contracts

Interruption of Services. If any of the services provided for in this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s control.

Interruption of Services. If any of the services to be provided for by Landlord in accordance with this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s 's personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s 's reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days sixty (60) hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day sixty (60) hour period, Tenant’s 's Rent will equitably ▇▇▇abat▇ ▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s 's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s 's control.

Interruption of Services. If No interruption of services caused by ------------------------ repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall be deemed an eviction or disturbance of Tenant's possession of any part of the services provided Premises, or render Landlord liable to Tenant for in damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Section 5 are interrupted or stoppedLease. However, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent rent otherwise payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably shall ▇▇▇▇▇ in proportion the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) if Landlord ceases to furnish any service in the Building as a result of a condition which affects only the Building (i.e. which does not affect office buildings in general in the vicinity of the Building); and (ii) if Tenant notifies Landlord in writing within one (1) business days after such cessation; and (iii) if such cessation is not caused by Force Majeure (as defined in Section 21 of this Lease); and (iv) if such cessation has not arisen as a result of an act or omission of Tenant; and (v) as a result of such cessation, the Premises (or a material portion thereof) is rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) and Tenant in fact so ceases to use such space in the manner used prior to such cessation. As Tenant's sole and exclusive remedy for such cessation, on the sixth day after all of the foregoing conditions have been met, the rent payable hereunder shall be equitably abated based upon the percentage of the space in the Premises so rendered untenantable for and not being so long as used by Tenant, and such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s controlabatement shall continue until the date the Premises become tenantable again.

Interruption of Services. If any of the services provided for in this Section Article 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord Landlord, unless due to Landlord's negligence or willful misconduct (including, without limitation, any liability for damages to Tenant’s 's personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s 's reasonable control, any of the services required to be provided by Landlord under this Section Article 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s 's Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s 's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s 's control.

Interruption of Services. If Tenant understands, acknowledges and agrees that any one or more of the utilities or other building services provided identified in Section 6.01 may be interrupted by reason of accident, emergency or other causes beyond Landlord's control, or the quality or character of electric service may be changed or such service may no longer be suitable for in Tenant's requirements, or such services may be discontinued or diminished temporarily by Landlord or other persons until certain repairs, replacements, alterations, improvements or cleaning can be made; that Landlord does not represent or warrant the uninterrupted availability of such utilities or building services, and that any such interruption shall not be deemed an eviction or disturbance of Tenant's right to possession, occupancy and use of the Leased Premises or any part thereof, or render Landlord liable to Tenant for damages by abatement of rent or otherwise, or relieve Tenant from the obligation to perform its covenants under this Section 5 are interrupted or stoppedLease. Landlord shall have no liability to Tenant, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages consequential damage arising out of, resulting from, or related to Tenant’s personal property and or equipment caused by any such irregularity or stoppage)interruption of utility services. The above provision notwithstanding, constitute an actual or constructive eviction orif the utility services, except as expressly provided belowwhich substantially impair the Tenant's ability to conduct its business operations, cause any abatement of the Rent payable under this Lease or in any manner or are discontinued for any purpose relieve Tenant from any of its obligations under this Lease. If, more than two (2) consecutive business days due to reasons causes within Landlord’s reasonable 's control, any of then the services required to Minimum Annual Rent due hereunder shall be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ abated in proportion to the portion impairment of the Premises so rendered untenantable for so long Tenant's business operations, as determined by Landlord within its reasonable discretion, until such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s controlare fully restored.

Interruption of Services. If No interruption of services caused by repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall be deemed an eviction or disturbance of Tenant's possession of any part of the services provided Premises, or render Landlord liable to Tenant for in damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the serviceLease; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the : The Rent otherwise payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably shall ▇▇▇▇▇ in proportion the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) Landlord ceases to furnish any service in the Building as a result of a condition which affects only the Building (i.e. which does not affect office building in general in the vicinity of the Building); (ii) Tenant notifies Landlord in writing within one (1) business days after such cessation; (iii) such cessation is not caused by Force Majeure (as defined in Section 21 below); (iv) such cessation is not the result of an act or omission of Tenant; and (v) the Premises (or a material portion thereof) is rendered untenantable (meaning that Tenant is unable to use such space in the normal course of its business) and Tenant in fact ceases to use such space as a result of such cessation. As Tenant's sole3 and exclusive remedy for such cessation, on the sixth day after all of the foregoing conditions have been met, the Rent payable hereunder shall be equitably abated based upon the percentage of the space in the Premises so rendered untenantable for and not being so long as used by Tenant, and such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s controlabatement shall continue until the date the Premises become fully tenantable again.

Interruption of Services. If any of the services provided for in this Section 5 7 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s 's personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s 's reasonable controlcontrol to remedy (provided such unavailability is not caused by Tenant, Tenant's Contractors or any of their respective agents or employees), any of the services required to be provided by Landlord under this Section 5 7 should become unavailable and should remain unavailable for a continuous period in excess of 5 business three (3) days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantablewhere Tenant is actually unable to use any or all of the Premises for the normal conduct of its business ("Untenantable"), then commencing upon the expiration of such continuous 5 business 3 day period, Tenant’s 's Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable Untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s 's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s 's control.

Interruption of Services. If any of the services provided for in this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s 's personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s 's reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day 60-hour period, Tenant’s 's Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s 's control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s 's control.

Interruption of Services. If any of the services provided for in this Section 5 are interrupted or stopped, Landlord will use due diligence to promptly resume the service; provided, however, that, except in connection with the negligence or willful misconduct of Landlord or its agents, employees or invitees, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 3 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantableuntenantable (and Tenant in fact ceases using the Premises for normal business operations), then commencing upon the expiration of such continuous 5 3 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable (and in fact not used by Tenant for normal business operations) for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s control.

Interruption of Services. If If: (i) any of the services provided service is interrupted for in this Section 5 are interrupted or stopped, more than three consecutive Business Days; (ii) Tenant promptly gives Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability interruption; (iii) such interruption does not result from the negligent or willful act or omission of Tenant or Tenant's Representatives, or from any failure of Tenant to Landlord, comply with any term or condition of this Lease; and if (iv) such unavailability should render all or interruption renders any portion of the Premises untenantableunusable or inaccessible by Tenant in the conduct of its business or materially disrupts Tenant's operations at the Premises, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably shall thereupon ▇▇▇▇▇ in proportion with respect to the portion of the Premises rendered unusable or inaccessible, retroactive to the first day of the interruption, until such discontinuance is substantially remedied; provided, however, if such interruption continues for more than seven consecutive Business Days, Tenant may terminate this Lease by written notice to Landlord. If Tenant does not terminate this Lease as provided in this paragraph, then after the end of the five Business Day period, Tenant may take reasonable steps to restore such service from within the Building and shall invoice Landlord for the actual and reasonable cost thereof, which Landlord shall pay within 30 days of receipt thereof, and if not so rendered untenantable paid, Tenant shall have a credit in such amount against Rent next due hereunder. The abatement, right of self-help and termination right provided for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage in this subsection shall not apply to any interruption of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed a Building Service caused by a reason beyond Landlord’s controlcasualty or condemnation, which shall be governed respectively by Articles 16 and 17.

Interruption of Services. 7.3.1 Landlord reserves the right to stop the furnishing of any Building services and the service of any of the Building Systems to perform repairs or Alterations which, in Landlord’s judgment, shall be necessary or desirable or when necessary by reason of accident or emergency. If any of the Building Systems or services required to be provided for in by Landlord pursuant to this Section 5 are interrupted Article 7 or Article 8 below shall be interrupted, curtailed or stopped, Landlord will shall use reasonable efforts with due diligence to resume the such service; provided, however, that (subject to the provisions of Section 7.3.2 below) Landlord shall have no irregularity liability whatsoever by reason of any such interruption, curtailment or stoppage of any of these such services will create (whether the same shall be interrupted, curtailed or stopped while Landlord shall be performing any liability repairs or Alterations or when Landlord shall be prevented from supplying or furnishing the same by reason of Laws, the failure of any public utility or governmental authority serving the Building to supply electricity, water, steam, oil or other fuel, strikes, lockouts, the difficulty of obtaining materials after the use of due diligence, accidents or by any other cause beyond Landlord’s reasonable control or for Landlord (any other reason), including, without limitation, any liability for damages to Tenant’s personal property and or equipment for interruption of business caused by any such irregularity interruption or stoppage), nor shall the same constitute an actual or constructive eviction or, except as expressly provided below, cause or entitle Tenant to any abatement or diminution of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If. 7.3.2 Notwithstanding anything to the contrary set forth in this Section 7.3, due if there shall be an interruption, curtailment or suspension (hereinafter referred to reasons within Landlord’s reasonable controlas an “Interruption”) of any Essential Service (defined below) and, any as a result of such Interruption, (i) all or at least twenty-five (25%) percent of the services required to Premises (the “Affected Area”) shall be provided by Landlord under this Section 5 should become unavailable and should remain unavailable rendered untenantable during Business Hours for a continuous period in excess of 5 business days more than five (5) Business Days after notice of such unavailability from thereof shall have been given by Tenant to Landlord, (ii) Tenant shall have ceased to conduct its normal business operations therein for more than five (5) consecutive Business Days and if such unavailability should render all (iii) the Interruption shall have been caused by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors or breach of this Lease by Landlord and shall not have been caused by reason of any acts or omissions of the public utility serving the Building, an act of God or any portion other act of the Premises untenantableForce Majeure, then commencing upon the expiration of such continuous 5 business day periodthen, as Tenant’s Rent will equitably sole remedy, Tenant shall have the right to ▇▇▇▇▇ in proportion the Base Rent and Additional Rent payable under this Lease allocable to the portion Affected Area only for the period which shall begin on the sixth (6th) Business Day after Tenant shall have given Landlord notice of the Interruption and vacated and ceased to conduct Tenant’s normal business in the Affected Area and ending on the date on which the Interruption shall have ceased to render the Affected Area untenantable. For purposes of this Section 7.3.2, “Essential Service” shall mean the following services which Landlord is obligated to provide to the Premises, during business hours only: (a) heat, during any period during which Landlord is obligated to furnish the same under the provisions of this Lease, (b) electricity, (c) air-conditioning, during any period during which Landlord is obligated to furnish the same under the provisions of this Lease, (d) access to the Premises and (e) the service of at least one (1) elevator. Notwithstanding anything to the contrary above, the term “Interruption” shall also include loss of use of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity under the provisions of Section 9.4.1 or stoppage of services that may be beyond 10.2 below resulting solely from Landlord’s controlperforming Alterations or repairs in the Premises to remedy a condition created by the negligence, any such irregularity breach of Lease or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond willful misconduct of Landlord’s control.

Interruption of Services. If any of the services provided for in this Section 5 Lease by Landlord are interrupted or stoppedstopped or if there is a defect in supply, character of, adequacy or quality of any of such services (collectively, a “Failure”), Landlord will use due reasonable diligence to resume the serviceservice and correct the Failure; provided, however, no irregularity or stoppage Failure of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppageFailure), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 Lease should become unavailable subject to a Failure and should remain unavailable subject to a Failure for a continuous period in excess of 5 business days 72 hours after notice of such unavailability Failure from Tenant to Landlord, and if such unavailability Failure should render all or any portion of the Premises untenantableuntenantable (“Untenantable”), then commencing upon the expiration of such continuous 5 business day 72 hour period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable Untenantable for so long as such services remain unavailable subject to the Failure for such reasons. Without limiting those reasons for an irregularity or stoppage of services a Failure that may be beyond Landlord’s reasonable control, any such irregularity or stoppage that is required in order Failure due to comply with any Laws the following will be deemed caused by a reason beyond Landlord’s control: (i) that is required in order to comply with any laws, ordinances or requests from governmental authorities; (ii) any casualty; (iii) intentionally omitted; (iv) an emergency; (v) shortages of labor or materials; or (vi) any other causes of any kind whatsoever that are beyond the control of Landlord, including, but not limited to: (A) lack of access to the Building or the Premises (which shall include, but not be limited to, the lack of access to the Building or the Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (B) any cause outside the Building; (C) reduced air quality or other contaminants within the Building that would adversely affect the Building or its occupants (including, but not limited to, the presence of biological or other airborne agents within the Building or the Premises); (D) disruption of mail and deliveries to the Building or the Premises resulting from a casualty; (E) disruptions of telephone and telecommunications services to the Building or the Premises resulting from a casualty; or (F) blockages of any windows, doors, or walkways to the Building or the Premises resulting from a casualty. If, due to reasons within Landlord’s reasonable control a Failure occurs and exists for thirty (30) days after notice of such Failure from Tenant to Landlord, and if such Failure should render all or any portion of the Premises Untenantable, then commencing upon the expiration of such thirty (30) day period, Tenant shall have the right to terminate this Lease upon five days written notice to Landlord, provided that if such Failure is resolved within the five day period, such notice of termination shall be ineffective and this Lease shall continue in full force and effect.

Interruption of Services. If any of the services provided for in this Section 5 Sections 5.1, 5.2 or 5.3 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day 60-hour period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord’s control. Tenant hereby waives the provisions of Sections 1932, 1933(4) and 1942 of the Civil Code of California or any similar or successor statutes to the fullest extent permitted by Laws, and Tenant acknowledges that, except as specifically provided herein, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord will be an action for damages, and that Tenant will not be entitled to terminate this Lease, withhold Rent, or make any repair and deduct the cost of repair from Rent payable under this Lease.

Interruption of Services. If any of the services provided for in this Section 5 7 are interrupted or stopped, Landlord will use reasonable due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s 's personal property and or equipment business caused by any such irregularity or stoppagestoppage or create any consequential or other damages of any kind or nature recoverable against Landlord or its agents), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease, unless due to the negligence of Landlord. If, due to reasons within Landlord’s 's exclusive and reasonable controlcontrol to remedy (provided such unavailability is not caused in whole or in part by Tenant, Tenant's Affiliates, invitees or contractors or any of their respective agents or employees in which case there shall be no abatement), any of the utility services required to be exclusively provided by Landlord under this Section 5 should become unavailable and should remain 7 remains unavailable for a continuous period in excess of 5 consecutive business days after written notice of such unavailability from Tenant to Landlord, and if such unavailability should render all at least 25% or any portion more of the Premises untenantableunoccupiable for the normal conduct of its business ("Untenantable"), then commencing upon retroactive to the expiration beginning of such continuous 5 business day period, Tenant’s 's Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable Untenantable as compared to the entire Premises for so long as such services remain wholly unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s 's control, any such irregularity or stoppage that is required in order to comply with any Laws or due to an event of Force Majeure, will be deemed caused by a reason beyond Landlord’s control's control and which there shall not be any Rent abatement.

Interruption of Services. If In case Landlord is prevented or delayed in ------------------------ furnishing any service as set forth in Section II herein or otherwise by reason of any cause beyond Landlord's reasonable control, Landlord shall not be liable to Tenant therefor nor shall Tenant be entitled to any abatement or reduction in rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such absence of building services constitutes actual or constructive, total or partial eviction or renders the Leased Premises untenantable, provided such interruption does not exist for longer than five (5) consecutive days. Thereafter, the continuing interruption shall give rise to an abatement of Fixed Rent and Additional Rent until service is restored. In the event service is not restored within thirty (30) days following the start of the services provided for in interruption of service and Tenant has ceased operations at and is prepared to vacate or has vacated the Leased Premises, Tenant shall have the right to terminate this Section 5 are interrupted Lease and receive the return of the unamortized costs, if any, of any sums paid by Tenant on account of construction of the Leased Premises. Landlord reserves the right to stop any service or stoppedutility system, Landlord will use due diligence to resume the service; when necessary by reason of accident or emergency, or until necessary repairs have been completed, provided, however, no irregularity or stoppage that in each instance of stoppage, Landlord shall exercise reasonable diligence to eliminate the cause thereof. Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any of these services contemplated stoppage and will create any liability for Landlord (including, without limitation, any liability for damages use reasonable efforts to Tenant’s personal property and or equipment caused avoid unnecessary inconvenience to Tenant by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s controlthereof.

Interruption of Services. If Failure to any extent to make available, or any slow-down, stoppage or interruption of any services described in this Paragraph 7 resulting from any cause whatsoever (other than Landlord's gross negligence) shall not render Landlord liable in any respect for damages, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any service being furnished by Landlord be interrupted for any cause whatsoever, Tenant shall notify Landlord and Landlord shall use reasonable diligence to restore such service promptly. For any failure by Landlord (except due to Tenant's or Tenant's agents, contractors, employees, licensees or invitees' negligence or willful misconduct) for any reason to provide any of the services provided for in this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and Paragraph 7 if such unavailability should render all or any portion failure materially and adversely affects the habitability of the Premises untenantable("Substantial Services Failure") and continues beyond a period of forty-eight (48) consecutive hours and Landlord does not commence and continue diligently to pursue to restore such service, after in each instance written notice thereof is given by Tenant to Landlord (and a copy of said notice is sent simultaneously to any mortgagee holding a lien covering the Building), then commencing upon Tenant shall have the expiration right to cure such Substantial Services Failure, and Landlord shall reimburse Tenant for all reasonable sums expended in so curing said default within forty-five (45) days after Landlord's receipt of such continuous 5 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s control.third-

Interruption of Services. If any of the services provided for in this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent payable under this Lease or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. If, due to reasons within Landlord’s reasonable control, any of the services required to be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days 60 hours after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day 60-hour period, Tenant’s Rent will equitably ▇▇▇▇▇ in proportion to the portion of the Premises so rendered untenantable for so long as such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws or that is required or recommended by governmental agencies for health or safety reasons will be deemed caused by a reason beyond Landlord’s control. Tenant acknowledges that, except as specifically provided herein, in the event Landlord fails to make a repair or perform maintenance, Tenant’s sole remedy for such breach by Landlord will be an action for damages, and that Tenant will not be entitled to terminate this Lease, withhold Rent, or make any repair and deduct the cost of repair from Rent payable under this Lease.

Interruption of Services. If Except as provided below in this Paragraph I, interruption of services caused by repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall not be deemed an eviction or disturbance of Tenant's possession of any part of the services provided Premises, or render Landlord liable to Tenant for in damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Section 5 are interrupted or stopped, Landlord will use due diligence to resume the service; provided, however, no irregularity or stoppage of any of these services will create any liability for Landlord (including, without limitation, any liability for damages to Tenant’s personal property and or equipment caused by any such irregularity or stoppage), constitute an actual or constructive eviction or, except as expressly provided below, cause any abatement of the Rent Lease. The rent otherwise payable under this Lease shall abat▇ ▇▇ the manner described in the last sentence of this paragraph if all of the following conditions are met: (i) if Landlord ceases to furnish any service in the Building as a result of a condition which affects only the Building (i.e., which does not affect office buildings in general in the vicinity of the Building); and (ii) if Tenant notifies Landlord in writing within one (1) business day after such cessation; and (iii) if such cessation is not caused by Force Majeure (as defined in Section 21 below); and (iv) if such cessation has not arisen as a result of an act or omission of Tenant; and (v) as a result of such cessation, the Premises (or a material portion thereof) is rendered untenantable (meaning that Tenant is unable to use such space in any manner or for any purpose relieve Tenant from any the normal course of its obligations under this Leasebusiness) and Tenant in fact so ceases to use such space in the manner used prior to such cessation. IfAs Tenant's sole and exclusive remedy for such cessation, due to reasons within Landlord’s reasonable control, any on the sixth day after all of the services required to foregoing conditions have been met, the rent payable hereunder shall be provided by Landlord under this Section 5 should become unavailable and should remain unavailable for a continuous period in excess of 5 business days after notice of such unavailability from Tenant to Landlord, and if such unavailability should render all or any portion equitably abated based upon the percentage of the Premises untenantable, then commencing upon the expiration of such continuous 5 business day period, Tenant’s Rent will equitably ▇▇▇▇▇ space in proportion to the portion of the Premises so rendered untenantable for and not being so long as used by Tenant, and such services remain unavailable for such reasons. Without limiting those reasons for an irregularity or stoppage of services that may be beyond Landlord’s control, any such irregularity or stoppage that is required in order to comply with any Laws will be deemed caused by a reason beyond Landlord’s controlabatement shall continue until the date the Premises become tenantable again.