FURNISHING ANY SERVICE (INCLUDING TELEPHONE AND TELECOMMUNICATION SERVICES), 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 BREAKAGE, REPAIRS,
REPLACEMENTS, OR IMPROVEMENTS, BY ANY STRIKE, LOCKOUT OR OTHER LABOR TROUBLE, BY
INABILITY TO SECURE ELECTRICITY, GAS, WATER, OR OTHER FUEL AT THE BUILDING OR
PROJECT AFTER REASONABLE EFFORT TO DO SO, BY ANY RIOT OR OTHER DANGEROUS
CONDITION, EMERGENCY, ACCIDENT OR CASUALTY WHATSOEVER, BY 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 TENANT'S USE AND POSSESSION OF THE
PREMISES OR RELIEVE TENANT FROM PAYING RENT OR PERFORMING ANY OF ITS OBLIGATIONS
UNDER THIS LEASE, EXCEPT AS OTHERWISE PROVIDED IN THIS LEASE.
FURTHERMORE,
LANDLORD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL DAMAGES
RELATING TO THE LOSS OF, OR INJURY TO, PROPERTY OR FOR INJURY TO, OR
INTERFERENCE WITH, TENANT'S BUSINESS, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS, HOWEVER OCCURRING, THROUGH OR IN CONNECTION WITH OR INCIDENTAL TO A
FAILURE TO FURNISH ANY OF THE SERVICES OR UTILITIES AS SET FORTH IN THIS
ARTICLE 6.
6.7
RENT ABATEMENT.
IF LANDLORD FAILS TO
PERFORM THE OBLIGATIONS REQUIRED OF LANDLORD UNDER THE TCCS OF THIS LEASE AND
SUCH FAILURE CAUSES ALL OR A PORTION OF THE PREMISES TO BE UNTENANTABLE AND
UNUSABLE BY TENANT AND SUCH FAILURE RELATES TO THE NONFUNCTIONING OF THE HEAT,
VENTILATION, AND AIR CONDITIONING SYSTEM IN THE PREMISES, THE ELECTRICITY IN THE
PREMISES, THE
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NONFUNCTIONING OF THE ELEVATOR SERVICE TO THE PREMISES, OR A FAILURE TO PROVIDE
ACCESS TO THE PREMISES, TENANT SHALL GIVE LANDLORD NOTICE (THE "INITIAL
NOTICE"), SPECIFYING SUCH FAILURE TO PERFORM BY LANDLORD (THE "LANDLORD
DEFAULT").
IF LANDLORD HAS NOT CURED SUCH LANDLORD DEFAULT WITHIN FIVE
(5) 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 LANDLORD DEFAULT AND TENANT'S INTENTION TO ABATE THE
PAYMENT OF RENT UNDER THIS LEASE.
IF LANDLORD DOES NOT CURE SUCH LANDLORD
DEFAULT WITHIN FIVE (5) 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 FIVE (5) BUSINESS DAYS
AFTER THE INITIAL NOTICE TO THE EARLIER OF THE DATE LANDLORD CURES SUCH LANDLORD
DEFAULT OR THE DATE TENANT RECOMMENCES THE USE OF SUCH PORTION OF THE PREMISES.
SUCH RIGHT TO ABATE RENT SHALL BE TENANT'S SOLE AND EXCLUSIVE REMEDY AT LAW OR
IN EQUITY FOR A LANDLORD DEFAULT.
EXCEPT AS PROVIDED IN THIS SECTION 6.4,
NOTHING CONTAINED HEREIN SHALL BE INTERPRETED TO MEAN THAT TENANT IS EXCUSED
FROM PAYING RENT DUE HEREUNDER.
ARTICLE 7
BUILDING STRUCTURE & PROJECT EXTERIOR REPAIRS
7.1
LANDLORD'S MAINTENANCE OBLIGATIONS.
LANDLORD SHALL REPAIR,