In the event that at any time during the Initial Term or any Extended Term of this Lease, Tenant is not satisfied with the janitorial services provided by Landlord under this Lease, Tenant shall notify Landlord of the particular matter(s) with which Tenant is dissatisfied. Provided that Landlord does not dispute the matter(s), Landlord shall promptly correct or remedy such matter(s) to Tenant's reasonable satisfaction.
In the event of a dispute and the Landlord notifies Tenant that Landlord will not or cannot attempt to cause such matters to be corrected or remedied (or after notifying Tenant that it will attempt to cause such matters to be corrected or remedied, such matters are not corrected or remedied within thirty (30) days of such notice), Tenant shall have the option upon sixty (60) days prior written notice to Landlord to contract for and cause to be performed all janitor services with respect to the Premises, and in such event, Landlord shall have no further obligation under this Lease to provide such service, and Tenant shall be entitled to deduct from Tenant's Rent and any applicable Extended Term Rent an amount equal to 75% of the portion of the consideration payable by Landlord under its contract with its provider of janitor services allocated to the Premises, but not including Common Areas.
Landlord does not warrant that the services provided for in Section 8 above shall be free from any slowdown, interruption or stoppage due to the order of any governmental bodies and regulatory agencies, or caused by the maintenance, repair, replacement or improvement of any of the equipment involved in the furnishing of any such services, or caused by changes of services, alterations, strikes, lockouts, labor controversies, fuel shortages, accidents, acts of God or the elements or any other cause beyond the reasonable control of Landlord. No such slowdown, interruption or stoppage of any such services shall ever be construed as an eviction, actual or constructive, of Tenant, nor shall same cause any abatement of annual Base Rent or additional rent or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease. Landlord agrees to use due reasonable diligence to resume the service upon any such slowdown, interruption or stoppage.
Notwithstanding the foregoing, in the event Tenant is deprived of the use and occupancy (and actually vacates) a portion or all of the Premises as a result of such stoppage or interruption for a period of at least five (5) business days, then from and after the next day until the service is restored, Tenant shall be entitled to an abatement in Base Rent equal to the proportion of vacated space to tenant leased space. Landlord shall be liable for, and Tenant shall be entitled to, any reduction in the Rent or any applicable Extended Term Rent due hereunder by reason of Landlord's failure to provide such utilities and services resulting from the negligent or willful misconduct of Landlord or its employees.
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