Common use of Reduction of Services Clause in Contracts

Reduction of Services. Without limitation of Tenant's rights under Sections 15.3(b) and 15.3(c) above, Tenant may elect the following remedies in the event of a Reduction of Services: (i) If the Reduction of Services has occurred and is ongoing either for a period of at least four (4) consecutive business days or for at least twelve (12) separate business days during any twelve (12) consecutive month period, then Tenant may give written notice (the "Service Notice") to Landlord (1) describing the Reduction of Services, (2) providing a detailed explanation, and reasonable evidence thereof, and (3) identifying the representative(s) of Tenant who will work with Landlord to correct the Reduction of Services. (ii) Upon Landlord's receipt of the Service Notice, Landlord and Tenant's representative(s) shall work together diligently and in good faith to identify and resolve the cause of the Reduction of Services within thirty (30) days following Landlord's receipt of the Service Notice (the "Initial Cure Period"). The Initial Cure Period shall be extended to the extent necessary to resolve the cause of the Reduction of Services, provided that Landlord has commenced and is thereafter, diligently pursuing such cure, and the Initial Cure Period shall not be extended by more than ninety (90) additional days. (iii) If, after the end of the Initial Cure Period (as it may be extended), the Reduction of Services has not been cured so as to comply with the terms and provisions of this Lease, then Tenant may deliver a second written notice (the "Self-Help Repair Notice") to Landlord containing (1) a statement that, within five (5) business days after Landlord's receipt of the Self-Help Repair Notice, Tenant intends to commence its own repairs, (2) a reasonable description of the procedures and repairs that Tenant intends to undertake and the estimated cost thereof (the "Self-Help Repairs") and (3) a reasonable description of the parties Tenant intends to use to perform the Self-Help Repairs. (iv) Provided Landlord commences with Self-Help Repairs within five (5) business days after delivery of the Self-Help Repair Notice and diligently pursues the Self-Help Repairs, in accordance with First-Class Standards, to completion, but subject to delays resulting from Force Majeure (as defined in Section 24.16), Tenant shall not undertake the Self-Help Repairs. (v) In the event Tenant commences the Self-Help Repairs or any repairs to be performed by Tenant pursuant to the terms of subsections (b) or (c) above, the Self-Help Repairs shall not adversely affect in any material manner the structural integrity of the Building or the electrical, exhaust, mechanical, plumbing, HVAC, life safety or other utility or safety systems of the Building. (vi) In the event Tenant commences and completes the Self-Help Repairs by reason of Landlord's failure to comply with the provisions of subparagraph 15.3(d)(iv) above, then, unless such Reduction of Services resulted from the negligence or willful misconduct of, or breach of this Lease by, any of Tenant Related Parties, then Landlord shall reimburse Tenant for the reasonable actual out-of-pocket cost thereof, within thirty (30) days following Tenant's delivery to Landlord of: (1) a written notice describing in reasonable detail the action taken by Tenant, (2) reasonably satisfactory evidence of the need for and the cost of the Self-Help Repairs, and (3) sworn contractor's statements, waivers of lien (or equivalent documentation) and other applicable documentation reasonably necessary to protect Landlord's title to the Land. (vii) If Tenant seeks to undertake any Self-Help Repairs or any repairs to be performed by Tenant pursuant to the terms of subsections (b) or (c) above, Tenant shall (1) proceed in accordance with all applicable laws; (2) retain, to make such repairs, only such reputable contractors and suppliers as are duly licensed by the State of Illinois and insured in accordance with the provisions of the Work Letter; (3) effect such repairs in a good and workmanlike and commercially reasonable manner; (4) use new or like new materials; and (5) take reasonable efforts to minimize any interference or impact on the Landlord or other tenants and occupants of the Building.

Reduction of Services. Without limitation of Tenant's ’s rights under Sections 15.3(b6.03(b) and 15.3(c6.03(c) above, Tenant may elect the following remedies in the event of a Reduction of Services: (i) If the Reduction of Services has occurred and is ongoing either for a period of at least four (4) consecutive business days or for at least twelve (12) separate business days during any twelve (12) consecutive month period, then Tenant may give written notice (the "“Service Notice"”) to Landlord (1) describing the Reduction of Services, (2) providing a detailed explanation, explanation and reasonable evidence thereof, and (3) identifying the representative(s) of Tenant who will work with Landlord to correct the Reduction of Services. (ii) Upon Landlord's ’s receipt of the Service Notice, Landlord and Tenant's ’s representative(s) shall work together diligently and in good faith to identify and resolve the cause of the Reduction of Services within thirty (30) days following Landlord's ’s receipt of the Service Notice (the "“Initial Cure Period"”). The Initial Cure Period shall be extended to the extent necessary to resolve the cause of the Reduction of Services, provided that Landlord has commenced and is thereafter, thereafter diligently pursuing such cure, and the Initial Cure Period shall not be extended by more than ninety (90) additional days. (iii) If, after the end of the Initial Cure Period (as it may be extended), the Reduction of Services has not been cured so as to comply with the terms and provisions of this Lease, then Tenant may deliver a second written notice (the "“Self-Help Repair Notice"”) to Landlord containing (1) a statement that, within five (5) business days after Landlord's ’s receipt of the Self-Help Repair Notice, Tenant intends to commence its own repairs, (2) a reasonable description of the procedures and repairs that Tenant intends to undertake and the estimated cost thereof (the "“Self-Help Repairs"”) and (3) a reasonable description of the parties Tenant intends to use to perform the Self-Help Repairs. (iv) Provided Landlord commences with Self-Help Repairs within five (5) business days after delivery of the Self-Help Repair Notice and diligently pursues the Self-Help Repairs, in accordance with First-Class Standards, to completion, but subject to delays resulting from Force Majeure (as defined in Section 24.1630.11), Tenant shall not undertake the Self-Help Repairs. (v) In the event Tenant commences the Self-Help Repairs or any repairs to be performed by Tenant pursuant to the terms of subsections (b) or (c) above, the Self-Help Repairs shall not adversely affect in any material manner the structural integrity of the Building or the electrical, exhaust, mechanical, plumbing, HVAC, life safety or other utility or safety systems of the Building. (vi) In the event Tenant commences and completes the Self-Help Repairs by reason of Landlord's ’s failure to comply with the provisions of subparagraph 15.3(d)(iv6.03(d)(iv) above, then, unless such Reduction of Services resulted from the negligence or willful misconduct of, or breach of this Lease by, any of Tenant Related Parties, then Landlord shall reimburse Tenant for the reasonable actual out-of-pocket cost thereof, within thirty (30) days following Tenant's ’s delivery to Landlord of: (1) a written notice describing in reasonable detail the action taken by Tenant, (2) reasonably satisfactory evidence of the need for and the cost of the Self-Help Repairs, and (3) sworn contractor's ’s statements, waivers of lien (or equivalent documentation) and other applicable documentation reasonably necessary to protect Landlord's ’s title to the Land. (vii) If Tenant seeks to undertake any Self-Help Repairs or any repairs to be performed by Tenant pursuant to the terms of subsections (b) or (c) above, Tenant shall (1) proceed in accordance with all applicable laws; (2) retain, to make such repairs, only such reputable contractors and suppliers as are duly licensed by the State of Illinois and insured in accordance with the provisions of Paragraph 10 of the Work Letter; (3) effect such repairs in a good and workmanlike and commercially reasonable manner; (4) use new or like new materials; and (5) take reasonable efforts to minimize any interference or impact on the Landlord or other tenants and occupants of the Building.

Reduction of Services. Without limitation of Tenant's rights under Sections 15.3(bThe rent and any other monies payable, if any, is based in part upon utilities, services, repairs and maintenance (hereinafter “Services”) which LESSOR shall provide as described in Section Six and Section Seven above. If Services to be provided by LESSOR are interrupted (except from circumstances beyond LESSOR’S control) and 15.3(c) the interrupted Services substantially impair and/or materially handicap TENANT’S intended use or enjoyment of the Demised Premises, TENANT’S rent and any other monies payable, if any, shall be abated proportionately for the period of interruption beginning with the date the interruption in Services began and ending when the Services are restored. Routine and planned testing or maintenance are not considered an interruption or disruption of Services for purposes of this section. Notwithstanding the above, Tenant may elect the following remedies in the event of a Reduction of Services: (i) If the Reduction of Services has occurred Service is interrupted on heating, ventilation or air conditioning, and/or water, and/or sewer, and is ongoing either for a period of at least four (4) consecutive business days LESSOR fails to correct or for at least twelve (12) separate business days during any twelve (12) consecutive month period, then Tenant may give written notice (the "Service Notice") to Landlord (1) describing the Reduction of Services, commence correction within two (2) providing a detailed explanationbusiness days after receipt of written notice from LESSEE or TENANT per Section Twenty-One below, or in the event any other Service to be provided by ▇▇▇▇▇▇ is interrupted, and reasonable evidence thereof, and (3) identifying the representative(s) of Tenant who will work with Landlord LESSOR fails to correct the Reduction of Services. (ii) Upon Landlord's receipt of the Service Notice, Landlord and Tenant's representative(s) shall work together diligently and in good faith to identify and resolve the cause of the Reduction of Services or commence correction within thirty (30) days following Landlord's after receipt of the Service Notice written notice from LESSEE or TENANT per Section Twenty- One below, LESSEE may authorize TENANT to either: a)cause such repairs to be made by a licensed contractor and at TENANT’S discretion, either have LESSOR billed directly by contractor (the "Initial Cure Period"). The Initial Cure Period if acceptable to contractor) or TENANT may submit a paid invoice to LESSOR for reimbursement; or b) TENANT’S rent and any other monies payable, if any, shall be extended abated proportionately for the period of interruption beginning with the date the interruption in services began and ending when the services are restored. ▇▇▇▇▇▇ may also authorize TENANT to withhold the extent necessary to resolve the cause payment of the Reduction of Servicesrent and any other monies payable, provided that Landlord has commenced and is thereafter, diligently pursuing such cure, and the Initial Cure Period shall not be extended by more than ninety (90) additional days. (iii) Ifif any, after the end giving ▇▇▇▇▇▇ notices of the Initial Cure Period (as it may be extended), the Reduction of Services has not been cured so as to comply with the terms and provisions of this Lease, then Tenant may deliver a second written notice (the "Self-Help Repair Notice") to Landlord containing (1) a statement that, within five (5) business days after Landlord's receipt of the Self-Help Repair Notice, Tenant intends to commence its own repairs, two (2) failures to provide a particular Service within a twelve (12) month period until the problem with that Service has been adequately corrected. So as to provide LESSEE and TENANT with reasonable description of the procedures and repairs assurance that Tenant intends to undertake and the estimated cost thereof (the "Self-Help Repairs") and (3) a reasonable description of the parties Tenant intends to use to perform the Self-Help Repairs. (iv) Provided Landlord commences with Self-Help Repairs within five (5) business days after delivery of the Self-Help Repair Notice and diligently pursues the Self-Help Repairs, in accordance with First-Class Standards, to completion, but subject to delays resulting from Force Majeure (as defined in Section 24.16), Tenant such interruption shall not undertake occur again during the Self-Help Repairs. Lease Term. Upon the third occurrence within a twelve (v12) month period, of any failure to provide a particular Service, LESSEE may, at its sole option, seek the judicial remedy of specific performance. In the event Tenant commences TENANT hires a contractor to perform repairs, ▇▇▇▇▇▇ shall indemnify and hold the Self-Help Repairs or State, LESSEE and TENANT harmless for any repairs to liability, costs and expenses, including attorney fees that result from said repairs. Any reimbursement due TENANT from LESSOR, shall be performed paid by Tenant pursuant to the terms of subsections (b) or (c) above, the Self-Help Repairs shall not adversely affect in any material manner the structural integrity of the Building or the electrical, exhaust, mechanical, plumbing, HVAC, life safety or other utility or safety systems of the Building. (vi) In the event Tenant commences and completes the Self-Help Repairs by reason of Landlord's failure to comply with the provisions of subparagraph 15.3(d)(iv) above, then, unless such Reduction of Services resulted from the negligence or willful misconduct of, or breach of this Lease by, any of Tenant Related Parties, then Landlord shall reimburse Tenant for the reasonable actual out-of-pocket cost thereof, ▇▇▇▇▇▇ within thirty (30) days following Tenant's delivery to Landlord of: after receipt of invoices from TENANT. In the event ▇▇▇▇▇▇ does not reimburse TENANT within thirty (130) a written notice describing in reasonable detail days after receipt of invoices from TENANT, TENANT may deduct the action taken by Tenant, (2) reasonably satisfactory evidence of amount due TENANT from the need for and the cost of the Self-Help Repairs, and (3) sworn contractor's statements, waivers of lien (or equivalent documentation) and other applicable documentation reasonably necessary to protect Landlord's title to the Landrental payment due LESSOR. (vii) If Tenant seeks to undertake any Self-Help Repairs or any repairs to be performed by Tenant pursuant to the terms of subsections (b) or (c) above, Tenant shall (1) proceed in accordance with all applicable laws; (2) retain, to make such repairs, only such reputable contractors and suppliers as are duly licensed by the State of Illinois and insured in accordance with the provisions of the Work Letter; (3) effect such repairs in a good and workmanlike and commercially reasonable manner; (4) use new or like new materials; and (5) take reasonable efforts to minimize any interference or impact on the Landlord or other tenants and occupants of the Building.