Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
Force Majeure Notice means a notice to be given by the Affected Party to the other party stating that a Force Majeure Event has occurred;
Force Majeure Report means a report to be given by the Affected Party to the other party following the giving of a Force Majeure Notice;
Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and
Event of Force Majeure means one of the following events:
Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.
Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.
Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.
Terminating Party As defined in Section 7.1(f).
Toll Billing Exception Service (TBE means a service that allows End Users to restrict third number billing or collect calls to their lines.
Landlord Delay means any actual delay in the completion of the Improvements as a result of Landlord’s breach or material default under this Exhibit B, or Section 2.1 of the Lease; any failure to respond to any items required to be furnished or approved by Landlord within a time period expressly set forth in this Lease (unless a deemed approval is specified, in which case no Landlord Delay shall be assessed); Landlord’s failure to allow contractors access to the Building or Premises as scheduled or Landlord’s request for material changes in the final Plans and Specifications after Landlord’s approval thereof (unless such request was caused by an error or omission by Xxxxxx), provided, however, that notwithstanding the foregoing, no Landlord Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (the “Landlord Delay Notice”), specifying the bona fide action or inaction which Tenant contends constitutes the Landlord Delay. If such action or inaction is not cured by Landlord within two (2) business days of Landlord’s receipt of such Landlord Delay Notice, then the Landlord Delay shall be deemed to have occurred as of the expiration of such two (2) business day period. A delay in construction of the Improvements due to a Tenant Delay, any Force Majeure event or a delay by any governmental authority (including but not limited to the City of Los Angeles) shall not be deemed a Landlord Delay.
Affected Party has the meaning specified in Section 5(b).
Landlord’s Work means the work of constructing the Tenant Improvements.
Tenant Delay means (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.