(b) Terminate Tenant’s right to possession of the Premises without terminating this Lease by written notice to Tenant, in which event Tenant shall immediately surrender the Premises. While this section refers to the services “designated in section 6(a) or 6(b),” it is clear from the lease, as a whole, that this is a scrivener’s error and the section intends to refer to the services designated in 7 (a) and 7 (b).1 The lease also provides that “ny failure by Tenant to pay the Rent when due, after five (5) days written notice to cure” constitutes an “event of default” and that upon any event of default, Landlord may, in addition to all other rights and remedies afforded Landlord hereunder or by law or equity, take any of the following 1 This seems especially clear given that Sections 6 (a) and (b) define “operating expenses.” 3 actions: (a) Terminate this Lease by written notice to Tenant, in which event Tenant shall immediately surrender the Premises. Notwithstanding the foregoing, if any particular service (designated in section 6(a) or 6(b) and within the sole control of Landlord) is discontinued for any continuous fifteen (15) day period, Tenant shall have the right to abate rent payments on a per diem basis. Landlord shall not be obligated to furnish these services if Tenant is in default under this Lease. Should any equipment furnished by Landlord cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. Section 7 (c) provides as follows: Failure to furnish, stoppage, or interruption of these services resulting from any cause shall not render Landlord liable in any respect for damages to either person, property, or business, or be construed as an eviction of Tenant, work an abatement of rent, or relieve Tenant from performance of its obligations. 2 (Emphasis supplied.) Section 7 (b) provides details regarding electrical services. 5) replacement of Building standard light fixtures and 6) electric lighting for public areas and special services areas of the Building. 4) passenger elevators for ingress to and egress from the Premises. Landlord will furnish to Tenant heated and refrigerated air conditioning in season, at reasonable temperatures and amounts (“reasonable” being defined as 72 to 74 degrees Fahrenheit. Section 7 (a) pertinently provides: (a) Landlord will furnish to Tenant at Landlord’s expense: 1) water at those points of supply provided for the general use of tenants of the Building 2) heated and refrigerated air conditioning from Monday through Friday 7:00 am to 6:00 pm, Saturday 8:00 am to 1:00 pm at such temperatures and in such amounts as reasonably considered necessary by Landlord service on Sundays, and holidays are optional on the part of the Landlord (there is an additional $45.00 per hour after hours HVAC usage charge). The lease reflects that Dataforensics was leasing the property for “office purposes.” Relevantly, Section 7 of the lease is titled “Landlord’s Obligations” and is divided into three subsections: (a), (b), and (c). On February 3, 2016, Dataforensics and Boxer entered a commercial lease contract under which Dataforensics leased property for a term in excess of five years, through August 31, 2021. We apply a de novo standard of appellate review and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” (Citation and punctuation omitted.) Siarah Atlanta Highway v. “Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. For the reasons explained below, we affirm in part and reverse in part. (collectively “Boxer”) as well as the trial court’s order allowing Boxer to withdraw funds from the court registry. In this appeal from a dispossessory action, Dataforensics, LLC challenges the trial court’s grant of summary judgment to Boxer Property Management A/A/F Boxer F2, L.P. BOXER PROPERTY MANAGEMENT A/A/F BOXER F2, L.P. OctoIn the Court of Appeals of Georgia A21A0996. ALL FILINGS MUST BE SUBMITTED WITHIN THE TIMES SET BY OUR COURT RULES. DEADLINES ARE NO LONGER TOLLED IN THIS COURT. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed.
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