Common use of Interruptions Clause in Contracts

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any 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 Force Majeure. Any interruption, reduction or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor, except as otherwise set forth herein, render Landlord liable to Tenant for damages, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any 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 omission of Landlord and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Tenant’s access and use of the Premises are restored. If any such interruption continues for fifteen (15) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such services.

Interruptions. Notwithstanding anything to the contrary contained in this Lease, Landlord does not represent reserves the right, without liability to Tenant and without it being deemed a default hereunder or warrant that a constructive eviction, to stop or interrupt any Building System(s) or Building Service(s) at such times as may be reasonably necessary and for as long as may reasonably be required by reason of the services referred making of alterations and/or repairs in or to abovethe Real Property or any portion thereof, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more Events of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by Force Majeure. Any 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, in scheduling any such interruption, reduction or discontinuance of service shall use commercially reasonable efforts not be deemed an eviction or disturbance of to unreasonably interfere with Tenant’s use and possession of operations in the Premises, or any part thereof, nor, except as otherwise set forth herein, render Landlord liable to Tenant for damages, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any service so interrupted). Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any essential services to be supplied by Building System or Building Service and the cause or cure of such interruption is within Landlord’s reasonable control (herein called a “Landlord under this Lease are interruptedControlled Interruption”), and such interruption has resulted from an act is not due to any negligence or omission willful misconduct by Tenant or any Tenant Party, and (b) such Landlord Controlled Interruption materially and adversely interferes with Tenant’s use of Landlord and as a result of such cessation of service, the Premises, Premises (or a material portion thereof, is rendered untenantable ) during Business Hours for more than seven (meaning that 7) consecutive Business Days after Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides delivers written notice of such interruption thereof to Landlord, then during the period of time such condition continues beyond such seventh (7th) consecutive Business Day, Tenant shall be entitled to an equitable abatement of a proportionate share of the Monthly Base Rent and for all Additional Rent and charges, allocable to or the affected material portion of the Premises commencing on Premises, as applicable. Such Rent abatement shall cease immediately upon the third earlier to occur of (3rdi) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Landlord Controlled Interruption or (ii) Tenant’s access and re-commencement of use of all or the Premises are restored. If any such interruption continues for fifteen (15) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead affected portion of the prior one and one-half (1.5) day rent creditPremises, to be applied following as applicable, for the resumption operation of such servicesTenant’s business therein.

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 does shall not represent be liable to Tenant for any compensation or warrant that 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 services referred to abovepurposes 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 services which Landlord may supplycovenant or duty to be performed on Landlord’s part, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accidentany cause reasonably beyond Landlord’s control, repairs, inspections, alterations or improvements necessary to be made, or by Force Majeure. Any interruption, reduction or discontinuance of service Landlord shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereofliable to Tenant therefore, nor, except as expressly otherwise set forth hereinprovided below or in Article 7, render Landlord liable shall Tenant be entitled to Tenant for damages, nor relieve Tenant from performance any abatement or reduction of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any service so interruptedrent by reason thereof. Notwithstanding any terms of this Lease to the foregoingcontrary, if any essential services Building service is interrupted for a period of five (5) consecutive business days due to be supplied the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Landlord under this Lease are interruptedTenant, its agents, servants, employees, contractors or subcontractors), and such interruption has resulted from an act or omission of Landlord failure adversely and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and materially effects Tenant’s access and 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. If 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 continues for fifteen (15) 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 days after hours of Tenant. Except as set forth herein and in Article 7, the date of such notice, then for each day thereafter that the interruption continues, Tenant foregoing rights shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following Tenant’s sole remedy at law or in equity for the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesinterruptions described in this Section 5.2.

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from Any 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 Force Majeure. Any interruption, reduction or discontinuance of service utilities or the services and appurtenances described in this Article 7 or otherwise in this Lease shall not be deemed an eviction or disturbance of Tenant’s 's use and possession of the Premises, or any part thereof, nor, except as otherwise set forth herein, nor render Landlord liable to Tenant for damagesdamages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s 's obligations under this Lease. Landlord shall however, exercise reasonable diligence 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 restore any service so interruptedsuch interruption or discontinuance. Notwithstanding the foregoing, if any essential interruption or discontinuance of the utilities or services to be supplied described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord under this Lease are interruptedor its agents or employees, and correcting such interruption or discontinuance is within Landlord's reasonable control, and such interruption has resulted from an act or omission of Landlord discontinuance continues for fifteen (15) or more consecutive business days after Tenant's written notice thereof to Landlord, and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use conduct and gain reasonable access to the Premises, or such does not conduct any business in a material portion of the Premises as a result thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, then Tenant shall be entitled to an abatement of a proportionate share Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the Monthly Base Rent and all Additional Rent and charges, allocable to first day after the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation expiration of such service, and ending on the date such essential services and Tenant’s access and use of the Premises are restored. If any such interruption continues for fifteen (15) business days after day period and terminate upon the date cessation of such noticeinterruption or discontinuance, then for each day thereafter that the interruption continues, Tenant and which abatement shall be granted a credit based on the portion of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If Premises rendered unusable for Tenant's business by such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant or discontinuance. The abatement provision set forth above shall be granted a credit inapplicable to any interruption or discontinuance described in this paragraph that is caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesTenant or any other Tenant Parties.

Interruptions. Notwithstanding anything to the contrary contained in this Lease, Landlord does not represent reserves the right, without liability to Tenant and without it being deemed a default hereunder or warrant that a constructive eviction, but, to the extent reasonably 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 services referred making of alterations and/or repairs in or to abovethe Real Property or any portion thereof, or any other services which Landlord may supply, will be free from interruption and Tenant acknowledges that any one or more Events of such services may be suspended by reason of accident, repairs, inspections, alterations or improvements necessary to be made, or by Force Majeure. Any interruption, reduction Landlord shall have no liability to Tenant as a result of any such stoppage or discontinuance of service interruption (but Landlord shall not be deemed an eviction use commercially reasonable efforts to promptly restore any interrupted Building System or disturbance of Building Service and to minimize interference with Tenant’s use and possession of the Premises, or any part thereof, nor, except as otherwise set forth herein, render Landlord liable to Tenant for damages, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any service so interruptednormal operations). Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any essential services to be supplied by Building System or Building Service and the cause or cure of such interruption is within Landlord’s reasonable control (a “Landlord under this Lease are interruptedControlled Interruption”), and such interruption has resulted from an act is not due to any negligence or omission willful misconduct by Tenant or any Tenant Party, (b) such Landlord Controlled Interruption materially, adversely interferes with Tenant’s use of Landlord and as a result of such cessation of service, the Premises, Premises (or a material portion thereof, is rendered untenantable ) during Business Hours for more than five (meaning that 5) consecutive Business Days after Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides delivers written notice of such interruption 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 business therein, then during the period of time such condition continues beyond such fifth (5th) consecutive Business Day, Tenant shall be entitled to an equitable abatement of a proportionate share of the Monthly Base Rent and for all Additional Rent and charges, allocable to or the affected material portion of the Premises commencing on Premises, as applicable. Such Rent abatement shall cease immediately upon the third earlier to occur of (3rdi) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Landlord Controlled Interruption or (ii) Tenant’s access and re-commencement of use of all or the Premises are restored. If any such interruption continues for fifteen (15) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead affected portion of the prior one and one-half (1.5) day rent creditPremises, to be applied following as applicable, for the resumption operation of such servicesTenant’s business therein.

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from Any 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 Force Majeure. Any interruption, reduction or discontinuance of service utilities or the services 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 any part thereof, nor, except as otherwise set forth herein, nor render Landlord liable to Tenant for damagesdamages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence 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 restore any service so interruptedsuch interruption or discontinuance. Notwithstanding the foregoing, if any essential interruption or discontinuance of the utilities or services to be supplied described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord under this Lease are interruptedor its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption has resulted from an act or omission of Landlord discontinuance continues for fifteen (15) or more consecutive business days after Tenant’s written notice thereof to Landlord, and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use conduct and gain reasonable access to the Premises, or such does not conduct any business in a material portion of the Premises as a result thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, then Tenant shall be entitled to an abatement of a proportionate share Monthly Rent and Taxes and Operating Expenses payable hereunder, which abatement shall commence as of the Monthly Base Rent and all Additional Rent and charges, allocable to first day after the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation expiration of such service, and ending on the date such essential services and Tenant’s access and use of the Premises are restored. If any such interruption continues for fifteen (15) business days after day period and terminate upon the date cessation of such noticeinterruption or discontinuance, then for each day thereafter that the interruption continues, Tenant and which abatement shall be granted a credit based on the portion of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If Premises rendered unusable for Tenant’s business by such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant or discontinuance. The abatement provision set forth above shall be granted a credit inapplicable to any interruption or discontinuance described in this paragraph that is caused (x) by damage from fire or other casualty or condemnation (it being acknowledged that such situations shall be governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesTenant or any other Tenant Parties.

Interruptions. Landlord does shall not represent be liable for any damages directly or warrant that indirectly resulting from the interruption in any of the services referred to described above, nor, except as provided below, shall any such interruption entitle Tenant to any abatement of Rent or any other right to terminate this Lease or be deemed an eviction, constructive or actual. Landlord shall use reasonable efforts to furnish uninterrupted services which Landlord may supplyas required above and shall use diligent efforts to restore any interrupted or discontinued service as soon as reasonably practicable. Notwithstanding the foregoing, will be free from in the event that (i) any such 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 Force Majeure. Any interruption, reduction or discontinuance of service shall not be deemed services (other than an eviction interruption or disturbance of discontinuance which is caused by casualty to the Building, which is addressed in Article 19) materially and adversely affects Tenant’s use and possession of ability to conduct business in the Premises, or any part material portion thereof, nor(ii) on account of such interruption or disturbance Tenant ceases doing business in the Premises, except as otherwise set forth herein, render Landlord liable to Tenant for damages, nor relieve Tenant from performance or the affected portion of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence to restore any service so interrupted. Notwithstanding the foregoing, if any essential services to be supplied by Landlord under this Lease are interruptedPremises, and (iii) such interruption has resulted from an or discontinuance of services was not caused in any material way by the act or omission of Landlord and as a result of such cessation of serviceTenant or Tenant’s contractors or employees, the Premises, or a material portion thereof, is rendered untenantable then: (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business1) and Tenant provides written notice of if such interruption or discontinuance of services was within the reasonable control of Landlord to Landlord, Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent prevent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing on the third continues beyond three (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Tenant’s access and use of the Premises are restored. If any such interruption continues for fifteen (153) business days after the date of such noticedelivery of written notice from Tenant to Landlord specifying the nature of the interruption (“Interruption Notice”), then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent shall ▇▇▇▇▇ proportionately, beginning on the fourth (4th) business day after delivery of said Interruption Notice and Additional Rent, continuing for so long as Tenant remains unable to be applied following (and in fact does not) conduct its business in the resumption of Premises or such services. If portion thereof without material adverse impact due to such interruption or discontinuance; (2) if such interruption or discontinuance of services was not within the reasonable control of Landlord to prevent and continues for twenty-five beyond ten (2510) business days after the date of such noticedelivery of an Interruption Notice from Tenant to Landlord, then Base Rent shall ▇▇▇▇▇ proportionately, beginning on the eleventh (11th) business day after delivery of said Interruption Notice and continuing for each day thereafter so long as Tenant remains unable to (and in fact does not) conduct its business in the Premises or such portion thereof without material adverse impact due to such interruption or discontinuance; provided that such abatement will be applicable only if the interruption continuesin question is caused by an event covered by Landlord’s policy of property insurance such that Landlord’s rental interruption policy will cover Landlord for any such abatement (Landlord agrees to cooperate with Tenant in determining if and to what extent Landlord’s insurance coverage would so permit an abatement as described herein); (3) if such interruption or discontinuance of services was within the reasonable control of Landlord to prevent and continues unabated beyond seventy-five (75) calendar days after the date of delivery of an Interruption Notice from Tenant to Landlord, then Tenant shall thereafter have the right, to be granted a credit exercised by Tenant within ten (10) business days after the expiration of two such ninety (290) day period, to terminate this Lease effective upon thirty (30) days’ Monthly Base Rent written notice (provided, that if the interruption or discontinuance of services is eliminated within such 30-day period such that Tenant is able to conduct its business in the entire Premises without material adverse impact due to such interruption or discontinuance, then Tenant’s termination notice will be deemed null and Additional Rentvoid and of no force or effect); and (4) if such interruption or discontinuance of services was not within the reasonable control of Landlord to prevent and continues unabated beyond one hundred fifty (150) calendar days after the date of delivery of an Interruption Notice from Tenant to Landlord, instead of then Tenant shall thereafter have the prior one and one-half (1.5) day rent creditright, to be applied following exercised by Tenant within ten (10) business days after the resumption expiration of such servicesone hundred fifty (150) day period, to terminate this Lease effective upon thirty (30) days’ written notice (provided, that if the interruption or discontinuance of services is eliminated within such 30-day period such that Tenant is able to conduct its business in the entire Premises without material adverse impact due to such interruption or discontinuance, then Tenant’s termination notice will be deemed null and void and of no force or effect). (5) No termination of this Lease pursuant to the provisions of Section 12(c)(3) or 12(c)(4) will serve to release Tenant from its repair or restoration obligations set forth herein, to the extent applicable.

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any 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 Force Majeure. strikes or lockouts, or by reason of operation of law, or causes beyond the reasonable control of Landlord Any interruption, reduction or discontinuance of service shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereof, nor, except as otherwise set forth herein, nor render Landlord liable to Tenant for damagesdamages 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 service so interrupted. Notwithstanding the foregoingany contrary provision of this Lease, if Tenant is prevented from using all or any essential services to be supplied by Landlord under this Lease are interrupted, and such interruption has resulted from an act or omission portion of Landlord and the Premises for the conduct of business as a result of an “Abatement Event” which means any failure by Landlord to provide any utility or service required to be provided by Landlord where the means for providing such cessation utility or service is in Landlord’s direct control (as contrasted with a utility provider’s failure to provide utilities), and the Abatement Event continues for a period of servicefive (5) consecutive business days after Tenant gives written notice thereof to Landlord (“Eligibility Period”), then Tenant’s rent shall be reduced after the Premisesexpiration of the Eligibility Period, or a material portion thereof, is rendered untenantable (meaning for such time that Tenant is unable continues to use and gain reasonable access to the Premises, or be so prevented from using such material portion thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing on in the third (3rd) consecutive business day proportion that the square footage of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Tenant’s access and use portion of the Premises are restored. If any such interruption continues for fifteen (15) business days after which Tenant is prevented from using, and does not use, bears to the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead total square footage of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesPremises.

Interruptions. Landlord does not represent or warrant that any of the services referred to above, or any other services which Landlord may supply, will be free from Any 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 Force Majeure. Any interruption, reduction or discontinuance of service utilities or the services 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 any part thereof, nor, except as otherwise set forth herein, nor render Landlord liable to Tenant for damagesdamages by abatement of the Rent or otherwise, nor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall however, exercise reasonable diligence 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 restore any service so interruptedsuch interruption or discontinuance. Notwithstanding the foregoing, if any essential interruption or discontinuance of the utilities or services to be supplied described in Section 7.A above is caused primarily by the negligence or willful misconduct of Landlord under this Lease are interruptedor its agents or employees, and correcting such interruption or discontinuance is within Landlord’s reasonable control, and such interruption has resulted from an act or omission of Landlord discontinuance continues for ten (10) or more consecutive Business Days after Tenant’s written notice thereof to Landlord, and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use conduct and gain reasonable access to the Premises, or such does not conduct any business in a material portion of the Premises as a result thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, then Tenant shall be entitled to an abatement of a proportionate share Monthly Rent and Expenses payable hereunder, which abatement shall commence as of the Monthly Base Rent first day after the expiration of such ten (10) Business Day period and all Additional Rent terminate upon the cessation of such interruption or discontinuance, and charges, allocable to which abatement shall be based on the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and rendered unusable for Tenant’s access and use of the Premises are restored. If any business by such interruption continues for fifteen (15) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant or discontinuance. The abatement provision set forth above shall be granted a credit of one and one-half inapplicable to any interruption or discontinuance described in this paragraph that is caused (1.5x) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of by damage from fire or other casualty or condemnation (it being acknowledged that such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant situations shall be granted a credit governed by Articles 10 and 11 below, as applicable), or (y) in whole or in part by the negligence or willful misconduct of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesTenant or any other Tenant Parties.

Interruptions. a. Except to the extent caused by Landlord’s negligence or willful misconduct, Landlord does shall not represent be liable to Tenant for any compensation or warrant that reduction of rent by reason of: (a) inconvenience or annoyance or for loss of business arising from power losses or shortages; or (b) necessity of Landlord’s entering the Premises for any of the services referred to abovepurposes in this Lease authorized; or (c) repairing the Premises or any portion of the Building or Lot. 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 services which Landlord may supplycovenant or duty to be performed on Landlord’s part, will be free from interruption and Tenant acknowledges that any one or more of such services may be suspended by reason of accidentany cause reasonably beyond Landlord’s control, repairs, inspections, alterations or improvements necessary to be made, or by Force Majeure. Any interruption, reduction or discontinuance of service Landlord shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, or any part thereofliable to Tenant therefore, nor, except as expressly otherwise set forth hereinprovided in Article 7, render Landlord liable shall Tenant be entitled to Tenant for damagesany abatement or reduction of rent by reason thereof, nor relieve Tenant from performance of shall the same give rise to a claim in Tenant’s obligations under this Leasefavor that such failure constitutes, actual or constructive, total or partial, eviction from the Premises. In connection therewith, Landlord shall however, exercise take reasonably appropriate action to remedy the situation and assist with reasonable diligence to restore pursue such remedy. b. Landlord reserves the right to stop any service so interruptedor 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 foregoingcontrary, if any essential services Building service is interrupted for a period of three (3) consecutive business days due solely to be supplied the negligence or willful acts of Landlord, its agents, servants, employees, contractors or subcontractors (and not due to acts or failure to act by Landlord under this Lease are interruptedTenant, its agents, servants, employees, contractors or subcontractors), and such interruption has resulted from an act or omission of Landlord failure adversely and as a result of such cessation of service, the Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, in the normal course of its business) and Tenant provides written notice of such interruption to Landlord, Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing on the third (3rd) consecutive business day of the interruption following the date on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and materially affects Tenant’s access and use of the Premises for Tenant’s normal business operations, then there shall be an abatement on a square footage pro rata basis of Fixed Rent and additional rent from and after said time period until such services are restored. If In no event shall Tenant have any abatement if any such interruption continues for fifteen (15) business days after is due to the date actions of such noticeTenant or its employees or agents as aforesaid. d. Except as set forth herein and in Article 7, then for each day thereafter that the interruption continues, Tenant foregoing rights shall be granted a credit of one and one-half (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following Tenant’s sole remedy at law or in equity for the resumption of such services. If such interruption continues for twenty-five (25) business days after the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesinterruptions described in this Section 5.2.

Interruptions. (a) It is understood that Landlord does not represent or warrant that any of the services referred to above, above or any other services which Landlord may supply, supply will be free from interruption and interruption. Tenant acknowledges that any one or more of such services may be suspended or reduced by reason of accident, repairs, inspections, alterations or improvements necessary to be made, by strikes or accidents, by any cause beyond the reasonable control of Landlord, or by Force Majeureorders or regulations of any federal, state, county or municipal authority. Any interruption, reduction such interruption or discontinuance suspension of service services shall not be deemed an eviction (constructive or otherwise) or disturbance of Tenant’s use and possession of the Premises, Leased Premises or any part thereof, nor, except as otherwise set forth hereinnor subject to Section 11.9(b) below, render Landlord liable to Tenant for damagesdamages by abatement of Rent or otherwise, nor relieve Tenant from of performance of Tenant’s obligations under this Lease. . (b) Notwithstanding anything to the contrary in this Lease, if: (i) any utility service for the Leased Premises is interrupted and Tenant is prevented from using and does not use the Leased Premises or any material portion thereof because of: (A) the negligent acts of Landlord, its employees, agents or contractors, (B) any construction, repair, maintenance or alteration perfonned by Landlord shall howeverafter the Commencement Date, exercise reasonable diligence or (C) Landlord’s failure to restore perform any service so interrupted. Notwithstanding the foregoingrepair, if any essential services maintenance or alteration required to be supplied performed by Landlord under this Lease are interruptedfollowing the lapse of any reasonable notice and cure period with respect thereto, and (each such interruption has resulted from 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 a 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 cessation of serviceInterruption Event, the Premises, Leased Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use and gain reasonable access to the Premises, or such material portion thereof, Leased Premises in the normal course of its business) and Tenant provides written notice of such interruption to Landlord), Tenant shall be entitled to an abatement of a proportionate share of the Monthly Base Rent and all Additional Rent and charges, allocable to the affected material portion of the Premises commencing then on the third (3rd) consecutive business day of the interruption following the date the Leased Premises (or material portion thereof) becomes untenantable, the Rent payable hereunder shall be abated on which Tenant notifies Landlord of the cessation of such service, and ending on the date such essential services and Tenant’s access and use of the Premises are restored. If any such interruption continues for fifteen (15) business days after the date of such notice, then a per diem basis for each day thereafter that the interruption continues, Tenant shall be granted a credit of one and one-half after such three (1.5) days’ Monthly Base Rent and Additional Rent, to be applied following the resumption of such services. If such interruption continues for twenty-five (253) business days after day period based upon the percentage of the Leased Premises so rendered untenantable, and such abatement shall continue until the date of such notice, then for each day thereafter that the interruption continues, Tenant shall be granted a credit of two (2) days’ Monthly Base Rent and Additional Rent, instead of the prior one and one-half (1.5) day rent credit, to be applied following the resumption of such servicesInterruption Event is rectified.