Interruption of services clause samples

(b) Custodian shall maintain a business continuity and disaster recovery plan (the “Plan”) and execute such Plan in the event of any unplanned or unanticipated interruption of services. The Plan shall be designed to enable Custodian to perform its obligations under the Agreement with minimal disruptions or delays in connection with the interruption or suspension of services. The Plan takes into consideration the provision of any critical services and shall include a secure back-up site containing all hardware, software, communications equipment, and current copies of data and files necessary to perform Custodian’s obligations under the Agreement. The Plan shall be designed to restore business-critical activities within the time frames required by Custodian’s applicable regulators. Custodian shall exercise, review, and update the Plan in accordance with industry standards and applicable legal requirements. In the event of an unplanned or unanticipated interruption of services affecting Custodian’s performance under this Agreement, Custodian shall use commercially reasonable efforts to resume performance of its duties as promptly as possible. Custodian will not increase its charges under this Agreement as a result of any increase in costs due to any service suspension or other event necessitating execution of the Plan.

7. ACCESS CONTROL; LANDLORD’S ESSENTIAL SERVICES; INTERRUPTION OF SERVICES. 7.1 Access Control. Landlord will provide Landlord’s Access Control Systems during the Term of this Lease. Landlord reserves the right, but without assuming any duty, to institute additional access control measures in order to further control and regulate access to the Building or any part thereof. Landlord shall not, under any circumstances, be responsible for providing or supplying security services to the Tenant Space or any part of the Building in excess of the Landlord’s Access Control Systems (and, unless expressly agreed in writing by Landlord, Landlord shall not under any circumstances be deemed to have agreed to provide any access control services in excess of the above specified Landlord’s Access Control Systems). Tenant acknowledges and agrees that the activities of all persons in the Building are and shall be subject to surveillance by video camera and/or otherwise by Landlord’s agents and employees.

7.3 Interruption of Services. Landlord shall not be liable or responsible to Tenant for any loss, damage or expense of any type which Tenant may sustain or incur if the quantity or character of the utility-provided electric service is changed, is no longer available, or is no longer suitable for Tenant’s requirements, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services. Additionally, except as expressly set forth on Exhibit “F”, attached hereto, with regard to Interruptions of Landlord’s Essential Services, no interruption or malfunction of any electrical or other service to the Premises, or to any other portion of the Building or Property, shall, in any event, (i)constitute an eviction or disturbance of Tenant’s use and possession of the Tenant Space, (ii)constitute a breach by Landlord of any of Landlord’s obligations under this Lease, (iii)render Landlord liable for damages of any type or entitle Tenant to be relieved from any of Tenant’s obligations under this Lease (including the obligation to pay Base Rent, Additional Rent, or other charges), (iv)grant Tenant any right of setoff or recoupment, (v)provide Tenant with any right to terminate this Lease, or (vi)make Landlord liable for any injury to or interference with Tenant’s business or any punitive, incidental or Consequential Damages, whether foreseeable or not, whether arising from or relating to the making of or failure to make any repairs, alterations or improvements, or whether arising from or related to the provision of or failure to provide for or to restore any service in or to any portion of the Property or the Building. In the event of the interruption of any such service, however, Landlord shall employ commercially reasonable efforts to restore such service or cause the same to be restored in any circumstances in which such restoration is within the reasonable control of Landlord.

(c)Lessor’s Interruption of Services.Except as otherwise expressly provided in this Lease, Lessor reserves the right, without any liability to Lessee, and without being in breach of any covenant of this Lease, to effect an Interruption of Service, as required by this Lease or by law, or as Lessor in good faith deems advisable, whenever and for so long as may be reasonably necessary, to make repairs, alterations, upgrades, changes, or for any other reason, to the Building’s HVAC, utility, sanitary, elevator, water, telecommunications, security (including equipment, devices, and personnel), or other Building systems serving the Premises or any other services required of Lessor under this Lease.

9.3 Interruption of Services. In the event of an interruption in or failure or inability to provide any services or utilities to the Premises or Building for any reason (a “Service Failure”), such Service Failure shall not, regardless of its duration, impose upon Landlord any liability whatsoever, constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to an abatement of rent or to terminate this Lease or otherwise release Tenant from any of Tenant’s obligations under this Lease. Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Section1932(1), permitting the termination of this Lease due to such interruption, failure or inability. Notwithstanding the foregoing, in the event of any interruption of services to the Premises for more than five (5)consecutive days, resulting from any repair, maintenance or alteration by Landlord, or which Landlord failed to perform (an “Abatement Event”), which substantially interferes with Tenant’s use of the Premises, Tenant shall give Landlord notice (the “Initial Notice”), specifying such Abatement Event. If Landlord has not cured such Abatement Event within three (3)business days after the receipt of the Initial Notice (the “Eligibility Period”), Tenant may deliver an additional notice to Landlord (the “Additional Notice”), specifying such Abatement Event and Tenant’s intention to abate the payment of Rent under this Lease. If Landlord does not cure such Abatement Event within three (3)business days of receipt of the Additional Notice, Tenant may, upon written notice to Landlord, immediately abate Rent payable under this Lease for that portion of the Premises rendered untenantable and not used by Tenant, for the period beginning on the date three (3)business days after the Initial Notice to the earlier of the date Landlord cures such Abatement Event or the date Tenant recommences the use of such portion of the Premises. Notwithstanding anything to the contrary provided herein, Tenant’s Rent obligations under the Lease shall not be abated in the event of an interruption of services for the Premises resulting from acts or failure to act by Tenant or other parties, or by any other cause beyond Landlord’s reasonable control.

(b) Interruption of Services. Tenant acknowledges and agrees that any one or more of the utilities or other services identified in subsection (a)or otherwise hereunder may be interrupted by reason of accident, emergency or other causes beyond Landlord’s control. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or service beyond Landlord’s control and no such failure or interruption shall entitle Tenant to terminate this Lease or withhold sums due hereunder. Landlord shall provide reasonable notice of the temporary interruption of utilities caused by repairs, alterations or improvements, to the extent that Landlord is aware of any such interruptions.

9.3 Interruption of Services. In the event of an interruption in or failure or inability to provide any services or utilities to the Premises or Building for any reason (a “Service Failure”), such Service Failure shall not impose upon Landlord any liability whatsoever, constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to an abatement of rent except as otherwise provided below or to terminate this Lease or otherwise release Tenant from any of Tenant’s obligations under this Lease, provided that such Service Failure does not materially interfere with Tenant’s ability to conduct its business on the Premises. “Materially interfere” shall mean for purposes herein shall mean Tenant is unable to conduct its business for forty five (45)or more consecutive calendar days at the Premises. Service Failure as a result of Force Majeure, Casualty, and/or Tenant’s fault shall never constitute a Material Interference, In the event that Tenant is unable to conduct its business for forty five (45)or more consecutive calendar days at the Premises and notwithstanding any contrary terms herein, Tenant shall be permitted to terminate this Lease without penalty or costs. Further, whenever Tenant is being prevented from the free, uninterrupted and unimpeded use, access and enjoyment of the entire Premises and Tenant is unable to conduct business within the entire Premises, or the Common Areas which are adjacent to the Demised Premises and such interruption continues for more than seventy-two (72)consecutive hours, as a result of (a)Landlord’s failure to observe or perform any obligation on Landlord’s part to be observed or performed under the Lease, (b)any gross negligence or willful omission by Landlord, its agents, employees or contractors, (c)Landlord’s making any repairs in the Demised Premises or the Building, (d)Landlord’s entry into the Leased Premises, or (e)any other cause within the control of Landlord, then and in each and all such cases, provided such cause is not due to the negligence of Tenant, its agents, employees, contractors, invitees, or principals, all Rent shall be equitably abated, and shall continue until full use of the Leased Premises is restored to Tenant.

9.7Custodian shall maintain a business continuity and disaster recovery plan (the “Plan”) and execute such Plan in the event of any unplanned or anticipated interruption of services. The Plan shall be designed to enable Custodian to perform its obligations under the Agreement with minimal disruptions or delays in connection with the interruption or suspension of services. The Plan takes into consideration the provision of any critical services and shall include a secure back-up site containing all hardware, software, communications equipment, and current copies of data and files necessary to perform Custodian’s obligations under the Agreement. The Plan shall be designed to restore business-critical activities within the time frames required by Custodian’s applicable regulators. Custodian shall exercise, review, and update the Plan in accordance with industry standards and applicable legal requirements. Custodian shall use commercially reasonable efforts to resume performance of the duties Custodian is obligated to perform under this Agreement.

G. Interruption of Services. No interruption of services caused by repairs, replacements, or alterations to the service system, or by any other cause beyond the reasonable control of Landlord, shall be deemed an eviction or disturbance of Tenant’s possession of the Premises or any portion thereof, or render Landlord liable to Tenant for damages, or otherwise affect the rights and obligations of Landlord and Tenant under this Lease; provided, in the event that any such interruption in the foregoing services pursuant to this Section4 which was within the reasonable control of Landlord to prevent continues beyond five (5)consecutive business days after written notice to Landlord, and materially and adversely affects Tenant’s ability to conduct its business in the Premises, or any portion thereof, and on account thereof Tenant in fact ceases doing business in the Premises, or such portion thereof, Base Rent, Operating Cost Share Rent, and Tax Share Rent shall thereafter equitably abate for so long as, and to the extent that, Tenant’s ability to conduct its business in the Premises or such portion thereof is so affected.

B. Interruption of Services. Tenant agrees that Landlord shall not be liable for damages, either by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, when such failure or delay or diminution is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; and such failures or delays or diminution shall never be deemed to constitute an eviction or disturbance of the Tenant’s use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this Lease unless the above services are interrupted for three (3)consecutive banking business days. Landlord shall be diligent in its efforts to cure such failure or diminution.