Common use of Interruption of Utility Services Clause in Contracts

Interruption of Utility Services. (a) Landlord shall use its best efforts to provide or cause to be provided, Utility Services, on a continuous basis. Landlord cannot guarantee that Utility Services will be provided without interruption. In the event of an interruption of Utility Services due to a fault or breakdown of Utility Facilities owned by Landlord, Landlord shall use its best efforts to commence, or cause its contractors to commence, the repair of any such fault or breakdown within four hours of receipt of notice of such interruption of service and shall diligently proceed with the repair of any such fault or breakdown. (b) Landlord shall not be liable to Tenant, and Tenant hereby releases Landlord from liability for any personal injury or damage to or loss of personal property due to any interruption of Utility Services. In no event will Landlord be liable to Tenant for special, consequential, indirect, or punitive damages or lost profits relating to an interruption of Utility Services. This release shall extend to any subtenant, contractor, successor or assign of Tenant.

Appears in 1 contract

Sources: Acquisition and Development Agreement (Urban Outfitters Inc)

Interruption of Utility Services. (a) Landlord shall use its best efforts to provide or cause to be provided, Utility Services, on a continuous basis, subject to and in accordance with the Utility Service Standards. Landlord cancan not guarantee that Utility Services will be provided without interruption. In the event of an interruption of Utility Services due to a fault or breakdown of Utility Facilities owned by Landlord, Landlord shall use its best efforts to (i) respond within one (1) hour of receipt of notice of the interruption and (ii) commence, or cause its contractors to commence, the repair of any such fault or breakdown within four (4) hours of receipt of notice of such interruption of service and shall diligently proceed with perform the repair of any such fault or breakdown. (b) Landlord shall not be liable to Tenant, and Tenant hereby releases Landlord from liability for any personal injury (including death) or damage to or loss of personal property due to any interruption of Utility Services, except damage or loss which results solely from the gross negligence or willful misconduct of Landlord. In no event will Landlord be liable to Tenant for special, consequential, indirect, or punitive damages or lost profits relating to an interruption of Utility Services. This release shall extend to any subtenanttenant, Tenant, contractor, assignee, successor or assign of Tenant.

Appears in 1 contract

Sources: Acquisition and Development Agreement (Urban Outfitters Inc)