Common use of Interruption of Utilities Clause in Contracts

Interruption of Utilities. Subtenant agrees that Sublandlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) Breakage, repairs, replacements, or improvements; (b) Strike, lockout, or other labor trouble; (c) Inability to secure electricity, gas, water, or other fuel at the Building; (d) Accident or casualty; (e) Act or default of Subtenant or other parties; or (f) Any other cause beyond Sublandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Subtenant's use and possession of the Premises or relieve Subtenant from paying Rent or performing any of its obligations under this Sublease. Sublandlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, or for injury to or interference with Subtenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7. Sublandlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant under this Sublease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's use of the Premises.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication telecommunications services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: : (a) Breakagebreakage, repairs, replacements, or improvements; improvements which is corrected within two (2) business days; (b) Strikestrike, lockout, or other labor trouble; ; (c) Inability inability to secure electricity, gas, water, or other fuel at the Building; Building despite reasonable efforts to do so; (d) Accident accident or casualty; ; (e) Act act or default of Subtenant Tenant or other parties; or parties other than Landlord, or (f) Any any other cause beyond SublandlordLandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of SubtenantTenant's use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord's negligence or intentional misconduct and continues for more than two (2) business days. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with SubtenantTenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article. Sublandlord Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption of utilities or services. Landlord may also comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord Landlord to Subtenant Tenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with SubtenantTenant's use of the Premises.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: : (a) Breakagebreakage, repairs, replacements, or improvements; ; (b) Strikestrike, lockout, or other labor trouble; ; (c) Inability inability to secure electricity, gas, water, or other fuel at the Building; Building after reasonable effort to do so; (d) Accident accident or casualty; ; (e) Act act or default of Subtenant Tenant or other parties; or or (f) Any any other cause beyond SublandlordLandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of SubtenantTenant's use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with SubtenantTenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article 10. Sublandlord Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord Landlord to Subtenant Tenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with SubtenantTenant's use of the Premises.. *SEE ADDENDUM

Interruption of Utilities. Subtenant agrees that Sublandlord Landlord shall have no liability to Tenant for any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the following: (a) accident, breakage or repairs, unless caused by the negligence of Landlord; (b) strikes, lockouts or other labor disturbances or labor disputes of any such character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “▇▇▇▇▇-out” or “black-out”; or (f) any other cause beyond Landlord’s reasonable control. In addition, in the event of any such interruption in utilities or services, Tenant shall not be liable for damages, by entitled to any abatement or reduction of Rent or otherwise, for (except as expressly provided in Articles 17 and 18 if such failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity is a result of any service when casualty damage or taking described therein), no eviction of Tenant shall result, and Tenant shall not be relieved from the failureperformance of any covenant or agreement in this Lease. In the event of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, delay, Landlord shall use commercially reasonable efforts to resume such services or diminution is entirely or partially caused by: utilities as promptly as practicable. If Landlord fails to provide any essential Building services specifically required to be provided by Landlord under the Lease (a) Breakage, repairs, replacements, or improvements; (b) Strike, lockout, or other labor trouble; (c) Inability to secure electricity, gasi.e., water, electricity, sewer, elevator service, HVAC, restrooms, loss of life safety systems, failure of fire code compliance), and such interruption of service renders the Premises or other fuel at the Building; (d) Accident or casualty; (e) Act or default of Subtenant or other parties; or (f) Any other cause beyond Sublandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Subtenant's use and possession any portion of the Premises untenantable for a period of five (5) consecutive business days following Landlord’s receipt of written notice from Tenant of such interruption of service, the Rent shall ▇▇▇▇▇ in proportion to the area of the Premises that is rendered untenantable. Such abatement period shall commence upon the expiration of said five (5) business day period. No such abatement shall be provided if such interruption of service is caused by the negligence or relieve Subtenant from paying Rent willful misconduct of Tenant, its agents, employees, contractors, subtenants, invitees or performing any assignees or by an act of God, or by matters not within the control of Landlord (including without limitation the interruption of electrical service to the Building through no fault of Landlord). The Premises shall be considered untenantable if Tenant cannot use the Premises or portion thereof affected in the conduct of its obligations under this Subleasenormal business operations as a result of said interruption of service to the Premises. Sublandlord It is agreed and understood that Tenant shall not use or be liable entitled to use the Premises or portion thereof affected to conduct its normal business operations during any day for which Landlord is obligated to ▇▇▇▇▇ rent hereunder. The abatement herein provided shall be Tenant’s sole and exclusive remedy for interruption of service. Tenant agrees to fully cooperate with Landlord in remedying any such interruption of essential Building services. The terms and conditions of this Section 7.5 shall not apply to situations contemplated under any circumstances for a loss of or injury to property, for personal injury or death, or for injury to or interference with Subtenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any provisions of the utilities Lease pertaining to condemnation, eminent domain, damage or services under this Paragraph 7. Sublandlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to destruction elsewhere described in the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant under this Sublease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's use of the PremisesLease.

Interruption of Utilities. Subtenant agrees that Sublandlord Landlord shall have no liability to Tenant for any interruption in utilities or services to be provided to the Premises when such failure is caused by all or any of the following: (a) accident, casualty, breakage or repairs; (b) strikes, lockouts or other labor disturbances or labor disputes of any such character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain electricity, water or fuel; (e) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control including without limitation, any electrical power “▇▇▇▇▇-out” or “black-out”; (f) act or default by Tenant or other party; or (g) any other cause beyond Landlord’s reasonable control. In addition, in the event of any such interruption in utilities or services, Tenant shall not be liable for damages, by entitled to any abatement or reduction of Rent or otherwise, for (except as expressly provided in Section 16 and Section 17 if such failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity is a result of any service when the failurecasualty damage or Taking described therein), delayno eviction of Tenant shall result, or diminution is entirely or partially caused by: (a) Breakage, repairs, replacements, or improvements; (b) Strike, lockout, or other labor trouble; (c) Inability to secure electricity, gas, water, or other fuel at the Building; (d) Accident or casualty; (e) Act or default of Subtenant or other parties; or (f) Any other cause beyond Sublandlord's reasonable control. Such failure, delay, or diminution and Tenant shall not be considered relieved from the performance of any covenant or agreement in this Lease. In the event of any stoppage or interruption of services or utilities which are not obtained directly by Tenant, Landlord shall diligently attempt to constitute an resume such services or utilities as promptly as practicable. Tenant hereby waives the provisions of any applicable existing or future law, ordinance or governmental regulation concerning constructive eviction or a disturbance permitting the termination of Subtenant's use and possession of the Premises this Lease due to an interruption, failure or relieve Subtenant from paying Rent or performing inability to provide any of its obligations under this Sublease. Sublandlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, or for injury to or interference with Subtenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7. Sublandlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant under this Sublease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's use of the Premisesservices.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent (except as provided in subsection 11.3.1 hereof) or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) Breakage, repairs, replacements, or improvements; (b) Strike, lockout, or other labor trouble; (c) Inability to secure electricity, gas, water, or other fuel at the BuildingBuilding after reasonable effort to do so; (d) Accident or casualty; (e) Act or default of Subtenant Tenant or other parties; or (f) Any other cause beyond SublandlordLandlord's reasonable control. Such failure, delay, delay or diminution shall not be considered to constitute an eviction or a disturbance of SubtenantTenant's use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with SubtenantTenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article 11. Sublandlord Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, light or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord Landlord to Subtenant Tenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with SubtenantTenant's use of the Premises.

Interruption of Utilities. Subtenant agrees that Sublandlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any utility or service (including telephone and telecommunication services) or for diminution in the quality or quantity of any utility or service when the failure, delay, or diminution is entirely or partially caused by: (ai) Breakage, repairs, replacements, or improvements, provided repairs, replacements and improvements are undertaken in a reasonable time and manner; (bii) Strike, lockout, or other labor trouble; (ciii) Inability to secure electricity, gas, water, or other fuel at the Building; (div) Accident or casualty; (ev) Act or default of Subtenant or other parties; or (fvi) Any other cause beyond Sublandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Subtenant's use and possession of the Premises or relieve Subtenant from paying Rent or performing any of its obligations under this Sublease. Sublandlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, or for injury to or interference with Subtenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7, unless such failure is caused by Sublandlord's active negligence or willful misconduct. Sublandlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant under this Sublease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's use of the Premises.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or of quantity of any service when the failure, delay, or diminution is entirely or partially caused by: : (a) Breakagebreakage, repairs, replacements, or improvements; ; (b) Strikestrike, lockout, or other labor trouble; ; (c) Inability inability to secure electricity, gas, water, or other fuel at the Building; Building after reasonable effort to do so; (d) Accident accident or casualty; ; (e) Act act or default of Subtenant Tenant or other parties; or or (f) Any any other cause beyond SublandlordLandlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of SubtenantTenant's use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with SubtenantTenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article 10. Sublandlord Landlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord Landlord to Subtenant Tenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with SubtenantTenant's use of the Premises.

Interruption of Utilities. Subtenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement any Claim arising out of Rent or otherwise, for any failure to furnish or furnish, delay in furnishing furnishing, interruption of, or defect in any service Utilities or services (including telephone and telecommunication services) for the Premises or Project, or for diminution in the quality or quantity thereof (each of any service such events, an “Interruption”) when the failure, delay, or diminution Interruption is entirely or partially caused by: by (a) Breakagebreakage, damage or destruction beyond Landlord’s control; (b) the making of repairs, replacements, or improvements; ; (bc) Strikestrike, lockout, or other labor trouble; (c) Inability to secure electricity, gas, water, or other fuel at the Building; ; (d) Accident inability to secure reasonably affordable Utilities or casualty; services of any kind at the Project after reasonable effort to do so; (e) Act Casualty or default of Subtenant or other partiesCondemnation; or (f) Any any act or omission of Tenant or of any other party; (g) changes in Utility Service Providers or the providers of other services; (h) failure of any Utility Service Provider to provide adequate services; or (i) any other Force Majeure event or cause beyond Sublandlord's Landlord’s reasonable control. Such failurecontrol provided, delayhowever, that if: (i) a material portion of the Premises is rendered untenantable for the operation of Tenant’s business due to an interruption or diminution material reduction in the furnishing of any utilities or services which Landlord is required to furnish under this Lease (and Tenant does not use or occupy such portion of the Premises), and (ii) either (x) Landlord is entitled to be reimbursed by any insurance proceeds payable in connection with such rent abatement (provided, however, that Landlord shall not be considered required to constitute an eviction carry such insurance), or a disturbance (y) such interruption or material reduction is caused by the gross negligence or willful misconduct of Subtenant's use Landlord, then the monthly Base Rent and possession Additional Rent payable under Article 4 shall be abated in the proportion that the untenantable, unused rentable area of the Premises bears to the total rentable area of the Premises, on a day-to-day basis for each day, based on a thirty (30)-day month, that Tenant shall not use or relieve Subtenant from paying Rent occupy such portion of the Premises due to such interruption or performing reduction of utilities or services. The foregoing remedy shall be the sole and exclusive remedy of Tenant for any Interruption lasting thirty (30) days or less, and thereafter, subject to the terms of its obligations this Lease, Tenant shall have such remedies as allowed, and to the extent authorized, under this Subleaseapplicable Laws, including the remedy of constructive eviction of Tenant. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, or for injury to or interference with Subtenant's Tenant’s business, including any loss of profits throughprofits, in connection with, as a result of any Interruption. Tenant shall fully cooperate with all Rules imposed by Landlord or incidental to a failure to furnish any of the utilities or services under this Paragraph 7. Sublandlord may comply with mandatory or voluntary controls or guidelines promulgated by any government entity Utility Service Provider relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant under this Sublease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's use of the PremisesUtilities.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: causedby: (a) Breakage, repairs, replacements, or improvements; ; (b) Strike, lockout, or other labor trouble; ; (c) Inability to secure electricity, gas, water, or other fuel at the Building; (dBuilding after reasonable effort to do so;(d) Accident or casualty; ; (e) Act or default of Subtenant Tenant or other parties; or or (f) Any other cause beyond Sublandlord's Landlord’s reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Subtenant's Tenant’s use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease, unless the same arises from Landlord’s gross negligence or willful misconduct. Sublandlord Except for damages, losses, costs, expenses and liabilities arising from Landlord’s gross negligence or willful misconduct, Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with Subtenant's Tenant’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article 9. Sublandlord Landlord may comply with mandatory or voluntary controls or guidelines promulgated guidelinespromulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord to Subtenant Landlord toTenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not nut materially and unreasonably interfere with Subtenant's Tenant’s use of the PremisesPremises and as long as such compliance is uniformly applied to all tenants in the Building.

Interruption of Utilities. Subtenant Tenant agrees that Sublandlord Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: : (a) Breakagebreakage, repairs, replacements, or improvements; improvements which is corrected within two (2) business days; (b) Strikestrike, lockout, or other labor trouble; ; (c) Inability inability to secure electricity, gas, water, or other fuel at the Building; Building despite reasonable efforts to do so; (d) Accident accident or casualty; ; (e) Act act or default of Subtenant Tenant or other partiesparties other than Landlord; or or (f) Any any other cause beyond Sublandlord's Landlord’s reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Subtenant's Tenant’s use and possession of the Premises or relieve Subtenant Tenant from paying Rent or performing any of its obligations under this SubleaseLease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord’s negligence or intentional misconduct and continues for more than two (2) business days. Sublandlord Landlord shall not be liable under any circumstances for a loss of or injury to property, for personal injury or death, property or for injury to or interference with Subtenant's Tenant’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph 7Article. Sublandlord Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption of utilities or services. Landlord may also comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity or the reduction of automobile or other emissions without creating any liability of Sublandlord Landlord to Subtenant Tenant under this Sublease Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with Subtenant's Tenant’s use of the Premises.