Common use of Interruptions Clause in Contracts

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption or discontinuance continues for ten (10) or more consecutive Business Days after Tenant’s written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to an abatement of Monthly Rent and Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such ten (10) Business Day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any abatement interruption or reduction of rent discontinuance described in this paragraph that is caused (x) by reason thereof. Notwithstanding any terms of this Lease to the contrarydamage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, if any Building service is interrupted for a period of five as applicable), or (5y) consecutive business days due to in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs, Landlord will give other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant’s written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such fifteen (15) business day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any abatement interruption or reduction of rent discontinuance described in this paragraph that is caused (x) by reason thereof. Notwithstanding any terms of this Lease to the contrarydamage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, if any Building service is interrupted for a period of five as applicable), or (5y) consecutive business days due to in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs, Landlord will give other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except Landlord does not represent or warrant that any of the services referred to the extent caused byabove, or arising out ofany other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the negligence reasonable control of Landlord Any interruption, reduction or willful misconduct discontinuance of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor render Landlord liable to Tenant for damages by abatement of Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any compensation or reduction service so interrupted. Notwithstanding any contrary provision of rent by reason of inconvenience or annoyance or for loss of business arising this Lease, if Tenant is prevented from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises using all or any portion of the Building Premises for the conduct of business as a result of an “Abatement Event” which means any failure by Landlord to provide any utility or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty required to be performed on provided by Landlord where the means for providing such utility or service is in Landlord’s partdirect control (as contrasted with a utility provider’s failure to provide utilities), by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to and the contrary, if any Building service is interrupted Abatement Event continues for a period of five (5) consecutive business days due after Tenant gives written notice thereof to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors Landlord (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors“Eligibility Period”), and such failure adversely and materially effects then Tenant’s use rent shall be reduced after the expiration of the Eligibility Period, for such time that Tenant continues to be so prevented from using such portion of the Premises for Tenant’s normal business operations, then there shall be an abatement on a in the proportion that the square footage prorata basis of Fixed Rent the portion of the Premises which Tenant is prevented from using, and additional rent from and after said time perioddoes not use, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due bears to the actions total square footage of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Premises.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s 's entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s 's part, by reason of any cause reasonably beyond Landlord’s landlord's control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7VII, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease , nor shall the same give rise to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by claim in Tenant, its agents, servants, employees, contractors or subcontractors), and 's favor that such failure adversely and materially effects Tenant’s use of constitutes actual or constructive, total or partial, eviction from the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaidPremises. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 or material inconvenience to Tenant by reason thereof. Provided, however, in the event of any interruption in the Building Services described in Exhibit C from a cause or event within the reasonable control of Landlord which interruption renders the Premises or any portion thereof untenantable for normal office usage, then, from a date five business days following Landlord's receipt of notice of such as conducting interruption of services until the same outside the regular business hours resumption of Tenant. Except as set forth herein and in Article 7such services, the foregoing rights rent payable hereunder shall be Tenant’s sole remedy at law or in equity equitably reduced, as reasonably determined by Landlord, to the extent that the Premises are so untenantable for normal office usage. Notwithstanding anything to the interruptions described contrary in this Section 5.2, if such interruption continues for 30 days, Tenant shall have the right to terminate this Lease, provided, however, if Landlord is diligently pursuing resumption of such services, Tenant shall have the right to terminate this Lease only if such interruption continues for 90 days from the date of receipt by Landlord of notice thereof and only with respect to such portion of the Premises rendered untenantable.

Interruptions. Except Landlord does not represent or warrant that any of the services referred to the extent caused byabove, or arising out ofany other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by strikes or lockouts, or by reason of operation of law, or causes beyond the negligence or willful misconduct reasonable control of Landlord. Any interruption, its agents, employees reduction or contractors, and subject to Section 10.13, Landlord discontinuance of service shall not be render Landlord liable to Tenant for damages (except as otherwise specifically provided in this Lease) or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any compensation service so interrupted. Notwithstanding the foregoing, if any essential services to be supplied by Landlord under this Lease are interrupted, and such interruption has resulted from an act or reduction omission of rent by reason Landlord and as a result of inconvenience such cessation of service, the Premises, or annoyance a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use or for loss gain reasonable access to the Premises, or such material portion thereof, in the normal course of business arising from power losses or shortages or from the necessity its business) and Tenant provides written notice of such interruption to Landlord’s entering the Premises for any , Tenant shall be entitled to an abatement of a proportionate share of the purposes in this Lease authorizedMonthly Base Rent, or for repairing allocable to the Premises or any affected material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed Premises commencing on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five third (53rd) consecutive business days due to day of the negligence or willful acts interruption following the date on which Tenant notifies Landlord of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors)the cessation of such service, and ending on the date such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such essential services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except to Any interruption or discontinuance of utilities or the extent caused byservices and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises, or arising out ofany part thereof, nor render Landlord liable to Tenant for damages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future Law permitting the termination of this Lease due to such interruption or discontinuance. Notwithstanding the foregoing, if any interruption or discontinuance of the utilities or services described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord or its agents or employees, and correcting such interruption or discontinuance is within Landlord's reasonable control, and such interruption or discontinuance continues for fifteen (15) or more consecutive business days after Tenant's written notice thereof to Landlord, its agents, employees or contractors, and subject Tenant is unable to Section 10.13, Landlord shall conduct and does not be liable to Tenant for conduct any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any a material portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairsPremises as a result thereof, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord then Tenant shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to an abatement of Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the first day after the expiration of such fifteen (15) business day period and terminate upon the cessation of such interruption or discontinuance, and which abatement shall be based on the portion of the Premises rendered unusable for Tenant's business by such interruption or discontinuance. The abatement provision set forth above shall be inapplicable to any abatement interruption or reduction of rent discontinuance described in this paragraph that is caused (x) by reason thereof. Notwithstanding any terms of this Lease to the contrarydamage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, if any Building service is interrupted for a period of five as applicable), or (5y) consecutive business days due to in whole or in part by the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions misconduct of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairs, Landlord will give other Tenant reasonable advance notice of any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2Parties.

Interruptions. Except (a) It is understood that Landlord does not warrant that any of the services referred to above or any other services which Landlord may supply will be free from interruption. Tenant acknowledges that any one or more such services may be suspended or reduced by reason of repairs, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the extent caused by, or arising out of, the negligence or willful misconduct reasonable control of Landlord, its agentsor by orders or regulations of any federal, employees state, county or contractorsmunicipal authority. Any such interruption or suspension of services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Leased Premises or any part thereof, and nor subject to Section 10.1311.9(b) below, render Landlord shall not be liable to Tenant for any compensation damages by abatement of Rent or reduction otherwise, nor relieve Tenant of rent by reason performance of inconvenience or annoyance or for loss of business arising from power losses or shortages or from Tenant’s obligations under this Lease. (b) Notwithstanding anything to the necessity of Landlord’s entering the Premises for any of the purposes contrary in this Lease authorizedLease, or if: (i) any utility service for repairing the Leased Premises is interrupted and Tenant is prevented from using and does not use the Leased Premises or any material portion of thereof because of: (A) the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful negligent acts of Landlord, its agents, servants, employees, contractors agents or subcontractors contractors, (and not due to acts B) any construction, repair, maintenance or alteration perfonned by Landlord after the Commencement Date, or (C) Landlord’s failure to perform any repair, maintenance or alteration required to be performed by Landlord under this Lease following the lapse of any reasonable notice and cure period with respect thereto, (each such set of circumstances as set forth in such items (A) – (C) shall be referred to as an “Interruption Event”); (ii) Tenant notifies Landlord of such Interruption Event in writing (the “Interruption Notice”); (iii) such Interruption Event does not arise in whole or in part as a result of an act or omission of Tenant or any of Tenant’s Parties; (iv) such Interruption Event is not caused by Tenanta casualty (in which event the provisions of Article 19 shall apply); (v) the repair or restoration of such service or the correction of such failure or problem outlined in items (A) – (C) is reasonably within the control of Landlord (or if such correction is not reasonably within the control of Landlord, Landlord actually receives rental interruption proceeds in connection with the applicable Interruption Event); and (vi) as a result of such Interruption Event, the Leased Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Leased Premises in the normal course of its agentsbusiness), servantsthen on the third (3rd) consecutive business day following the date the Leased Premises (or material portion thereof) becomes untenantable, employees, contractors or subcontractors)the Rent payable hereunder shall be abated on a per diem basis for each day after such three (3) business day period based upon the percentage of the Leased Premises so rendered untenantable, and such failure adversely and materially effects Tenant’s use of abatement shall continue until the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption date the Interruption Event is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2rectified.

Interruptions. a. Except to the extent caused by, or arising out of, the by Landlord’s negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13misconduct, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of of: (a) inconvenience or annoyance or for loss of business arising from power losses or shortages shortages; or from the (b) necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, ; or for (c) repairing the Premises or any portion of the Building or Lot. In case After the Term Commencement Date, if Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, or by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes, actual or constructive, total or partial, eviction from the Premises. In connection therewith, Landlord shall take reasonably appropriate action to remedy the situation and assist with reasonable diligence to pursue such remedy. b. Landlord reserves the right to stop any service or utility system when necessary by reason of emergency. 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. c. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five three (53) consecutive business days due solely to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects affects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata pro rata basis of Fixed Rent and additional rent from and after said time period, period until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. . d. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.

Interruptions. Except Notwithstanding anything to the contrary contained in this Lease, Landlord reserves the right, without liability to Tenant and without it being deemed a default hereunder or a constructive eviction, but, to the extent caused byreasonably practical, upon reasonable prior notice, to stop or interrupt any Building System(s) or Building Service(s) at such times as may be necessary and for as long as may reasonably be required by reason of the making of alterations and/or repairs in or to the Real Property or any portion thereof, or arising out ofone or more Events of Force Majeure. Landlord shall have no liability to Tenant as a result of any such stoppage or interruption (but Landlord shall use commercially reasonable efforts to promptly restore any interrupted Building System or Building Service and to minimize interference with Tenant’s normal operations). Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any Building System or Building Service and the cause or cure of such interruption is within Landlord’s reasonable control (a “Landlord Controlled Interruption”), and such interruption is not due to any negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to by Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Tenant Party, (b) such Landlord is prevented or delayed from making any repairsControlled Interruption materially, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects interferes with Tenant’s use of the Premises (or a portion thereof) during Business Hours for more than five (5) consecutive Business Days after Tenant delivers written notice thereof to Landlord, and (c) Tenant actually does not use all or the affected portion, if applicable, of the Premises for the operation of Tenant’s normal business operationstherein, then there during the period of time such condition continues beyond such fifth (5th) consecutive Business Day, Tenant shall be entitled to an equitable abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time periodfor all or the affected portion of the Premises, until as applicable. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the cessation of such services are restored. Landlord agrees to Controlled Interruption or (ii) Tenant’s re-commencement of use its commercially reasonable efforts to restore such services of all or the affected portion of the Premises, as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to applicable, for the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours operation of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2business therein.

Interruptions. (a) Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13as set forth in paragraph (b) below, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason or otherwise because of inconvenience or annoyance or for loss of business arising from power losses Landlord or shortages its agents, employees or from the necessity of Landlord’s independent contractors entering the Premises for any of the purposes authorized in this Lease authorizedor performing any construction activities in or about the Property, including completion of Landlord’s Remaining Base Building Work, but the foregoing shall not relieve Landlord from liability for damages caused by the negligence or for repairing willful misconduct of Landlord, its employees, agents or contractors. Landlord shall observe its obligations under Section 5.6 with respect to any entry upon the Premises or any portion of the Building or Lotin accordance herewith. In Except as set forth in paragraph (b) below, in case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, part by reason of any cause reasonably beyond Landlord’s controlexcusable delay (as defined in Section 10.4), Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaidtherefor. Landlord reserves the right to stop any service or utility system when necessary by reason reasonably necessary; provided, however, that in each instance of accident or emergency or until necessary repairs have been completed. Except in case of emergency repairsstoppage, Landlord will shall give Tenant reasonable advance such notice as is practicable under the circumstances. (b) Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of any contemplated stoppage and will use reasonable efforts a service that Landlord is obligated to avoid unnecessary inconvenience provide to Tenant by reason thereof under this Lease that is necessary for Tenant’s use and occupancy of or access to the Premises, or any portion thereof, for the Permitted Use (an “Essential Service”) 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 conditions that affect exclusively the Property as distinguished from conditions that affect an area that extends beyond the Property (such as conducting a multi-block area along Arch or Washington Streets, the same outside financial district of Boston, etc.), and (iii) such Service Interruption continues for more than three (3) consecutive business days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the regular business hours conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s rent for each day during which such Service Interruption continues after such three (3) 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 rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. Except If Tenant would otherwise be entitled to an abatement hereunder but for the fact that the Service Interruption occurs or continues as set forth herein a result of conditions that affect an area that extends beyond the Property, and Landlord receives compensation from insurance or a third party on account of such Service Interruption, then Landlord shall pay to Tenant an equitable portion of such compensation in Article 7, relation to the foregoing nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises on account of such Service Interruption. The rights granted to Tenant under this paragraph (b) shall be Tenant’s sole and exclusive remedy at law resulting from a failure of Landlord to provide services unless such failure is the consequence of the negligence or misconduct of Landlord or Landlord’s agents, 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. Although Landlord is not exculpated from potential liability for failure or cessation of services to the extent the same is the consequence of the negligence or misconduct of Landlord or Landlord’s agents, employees or contractors, in equity for the interruptions described in no event shall Tenant have any right of set-off or deduction from rent payable under this Lease, under this Section 5.24.3 or otherwise, in connection therewith. In any event, Landlord agrees to use commercially reasonable efforts to restore such Essential Service and cure such Service Interruption, including, without limitation, use of overtime labor.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power and other utility losses or shortages or from and shortages, the necessity of Landlord’s 's entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or LotProperty however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service services or performing any other covenant or duty to be performed on Landlord’s 's part, by reason of any cause reasonably beyond Landlord’s 's control, Landlord shall not be liable to Tenant thereforetherefor, nor, except as expressly otherwise provided below or in Article Section 7. 1, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Notwithstanding any terms Upon reasonable prior notice (except in the event of this Lease emergency constituting an imminent threat to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence persons or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractorsproperty), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system system, when necessary by reason of accident or emergency emergency, or until necessary repairs have been completed. Except , provided, however, that in case each instance of emergency repairsstoppage or interruption, Landlord will give Tenant shall exercise reasonable advance notice of diligence to minimize any contemplated stoppage and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof such as conducting the same outside the regular business hours of Tenant. Except The foregoing provisions hereof to the contrary notwithstanding, in the event any power or other utility failure or service failure (other than office cleaning) which is an obligation of Landlord under this Lease (including failure of elevator service and failure to repair any structural element of the Building which Landlord is obligated to repair hereunder) results in Tenant's inability to conduct its business on the Premises substantially as set forth herein permitted hereunder (herein, a "Shutdown"), and in Article 7the event such Shutdown continues for more than fifteen business days or for more than five consecutive business days (in each case) in any calendar year, then the foregoing rights Annual Fixed Rent hereunder shall be Tenant’s sole remedy at law or abated for each additional business day in equity such calendar year during which such Shutdown continues. Further, if a Shutdown continues for twelve consecutive months, Tenant shall have the interruptions described in right thereafter, by written notice given to Landlord while such Shutdown continues, to terminate this Section 5.2Lease.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in authorized by this Lease authorized, or for repairing the Premises or any portion of the Premises, Building or Lot. In case Lot as herein provided, in such case, notwithstanding Landlord’s diligent efforts in connection therewith (which such efforts shall never obligate Landlord to pay for overtime and/or premium time work, or to pay a premium for expedited delivery, except as such additional costs are so authorized and paid for by Tenant), if Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s controlcontrol (expressly excluding Landlord’s financial inability), Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7VII or below in this Section 5.2, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease , nor shall the same give rise to the contrary, if any Building service is interrupted for a period of five (5) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by claim in Tenant, its agents, servants, employees, contractors or subcontractors), and ’s favor that such failure adversely and materially effects Tenant’s use of constitutes, actual or constructive, total or partial, eviction from the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restoredPremises. Landlord agrees to shall use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any interrupted services, regardless of the cause of loss of such interruption is due to the actions of Tenant or its employees or agents as aforesaidservice. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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’s use and occupancy of the Premises. Notwithstanding any language to the contrary, if due to any act or omission on the part of Landlord, its agents, employees or contractors, electricity, heat, air conditioning, water or any other service or utility that Tenant is entitled to receive under this Lease is interrupted, and such interruption renders the Premises untenantable, or any portion thereof is reasonably inaccessible by reason Tenant or makes it impracticable for Tenant to conduct its business in the Premises, then if such interruption or cessation shall continue for a period of thirty (30) consecutive days after notice thereof from Tenant to Landlord that the Premises are untenantable, or reasonably inaccessible, or Tenant cannot conduct its business as a result thereof, then the Fixed Rent and additional rent shall be proportionately abated for each successive day such as conducting interruption or cessation continues based upon that certain portion of the same outside Premises that are affected by such interruption (other than for reasons of casualty or eminent domain where the regular business hours provisions of TenantArticle VII shall govern). Except as set forth herein and in this Section 5.2 or in Article 7VII, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the any interruptions described in this Section 5.2.

Interruptions. Except to the extent caused by, or arising out of, the negligence or willful misconduct of Landlord, its agents, employees or contractors, and subject to Section 10.13, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Landlord’s entering the Premises for any of the purposes in this Lease authorized, or for repairing the Premises or any portion of the Building or Lot. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any service or performing any other covenant or duty to be performed on Landlord’s part, by reason of any cause reasonably beyond Landlord’s control, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided below or in Article 7, shall Tenant be entitled to any abatement or reduction of rent by reason thereof. Notwithstanding any terms of this Lease to the contrary, if any Building service is interrupted for a period of five four (54) consecutive business days due to the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Tenant, its agents, servants, employees, contractors or subcontractors), and such failure adversely and materially effects Tenant’s use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage prorata basis of Fixed Rent and additional rent from and after said time period, until such services are restored. Landlord agrees to use its commercially reasonable efforts to restore such services as soon as reasonably possible. In no event shall Tenant have any abatement or termination right if any such interruption is due to the actions of Tenant or its employees or agents as aforesaid. Landlord reserves the right to stop any service or utility system when necessary by reason of accident or emergency or until necessary repairs have been completed. 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 such as conducting the same outside the regular business hours of Tenant. Except as set forth herein and in Article 7, the foregoing rights shall be Tenant’s sole remedy at law or in equity for the interruptions described in this Section 5.2.