Common use of Delays; Force Majeure Clause in Contracts

Delays; Force Majeure. 24 In the event any party hereto shall be delayed in the performance of its initial construction, or 25 maintenance and/or repair obligations, by reasons of strikes; lockouts; labor disputes; Acts of God; 26 inability to procure labor, materials, or reasonable substitutes therefor; or shall at any time be so delayed 27 by reason of the diminution of power or power failure(s); restrictive governmental laws or controls; 28 judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty, or reasons 29 of a similar nature not the fault of the party delayed in performing work or doing acts required under the 30 terms of this Lease, then performance of such act shall be excused for the period of the delay and the 31 period for the performance of any such act shall be extended for a period equivalent to the period of such 32 delay; provided, however, that the time for performance shall in no event be extended due to financial or 33 economic problems of either party, their architects, contractors, agents or employees, or delay caused by 34 the inability of architects, contractors, suppliers or other employees and agents to meet deadlines, delivery 35 or contract dates (unless such inability is caused by Acts of God, war, civil disobedience or strike). 36 Notwithstanding anything to the contrary, the occurrence of any of the events of force majeure herein 37 described shall not excuse Tenant's obligations to pay Minimum Annual Rental, Percentage Rental and 38 Additional Rent (unless the provisions of Article XVII or Article XVIII apply) or excuse such obligations 39 as this Lease may otherwise impose on the party to obey, remedy or avoid such event; moreover should 40 the work performed by Xxxxxx or Xxxxxx's contractor result in a strike, lockout and/or labor dispute, such 41 strike, lockout and/or labor dispute shall not excuse Xxxxxx's performance. Further, Landlord's reduction 42 of heat, light, air conditioning, or any other services whatsoever to the Park/Plaza Development because 43 of any similar or dissimilar event constituting a cause for excusable delay hereunder shall not relieve 44 Tenant from its obligations pursuant to Article VII of this Lease. It shall be a condition of Tenant's right 45 to claim an extension of time as a result hereof that Tenant notify Landlord in writing within ten (10) 46 calendar days after the first occurrence of any such event, and the cause, specifying the nature thereof and 47 the period of time contemplated or necessary for performance. 48

Delays; Force Majeure. 24 In the event any either party hereto shall be delayed in the performance of its initial construction, or 25 maintenance and/or repair obligations, by reasons of strikes; lockouts; labor disputes; Acts of God; 26 inability to procure labor, materials, or reasonable substitutes therefor; or shall at any time be so delayed 27 by reason of the diminution of power or power failure(s); restrictive governmental laws or controls; 28 judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty, or reasons 29 of a similar nature not the fault of the party delayed in performing work such initial construction, or doing acts required under the 30 terms of this Leasemaintenance and/or repair work, then performance of such act shall be excused for the period of the delay and the 31 period for the performance of deadline to complete any such act shall be extended for a period equivalent to the period of such 32 delay; provided, however, that the time for performance shall in no event be extended (i) due to financial or 33 economic problems of either party, their architects, contractors, agents or employees, or (ii) delay caused by 34 the inability of architects, contractors, suppliers or other employees and agents to meet deadlines, delivery 35 or contract dates (unless such inability is caused by Acts of God, war, civil disobedience or strike). 36 Notwithstanding anything to the contrary, the The occurrence of any of the events of force majeure herein 37 described shall not excuse Tenant's ’s obligations to pay Minimum Annual Rental, Percentage Rental and 38 Additional Rent (unless the provisions of Article XVII or Article XVIII apply) or excuse such obligations 39 as this Lease may otherwise impose on the party to obey, remedy or avoid such event; moreover . Moreover, should 40 the work performed by Xxxxxx or Xxxxxx's ’s contractor result in a strike, lockout and/or labor dispute, such 41 strike, lockout and/or labor dispute shall not excuse Xxxxxx's ’s performance. Further, Landlord's ’s reduction 42 of heat, light, air conditioning, or any other services whatsoever to the Park/Plaza Development because 43 of any similar or dissimilar event constituting a cause for excusable delay hereunder shall not relieve 44 Tenant from its obligations pursuant to Article VII of this Lease. It shall be a condition of Tenant's Xxxxxx’s right 45 to claim an extension of time as a result hereof that Tenant notify Landlord in writing within ten (10) 46 calendar days promptly after the first occurrence of any such event, and the cause, specifying the nature thereof and 47 the period of time contemplated or necessary for performance. 48For purposes of this Section 27.04, “Acts of God” means naturally occurring events that cannot be avoided such as earthquake, tornado, flood, or global public health crisis such as a pandemic as determined by the World Health Organization, Centers for Disease Control or the United Nations and that is recognized as applicable by the relevant local government authorities having jurisdiction over the Development or the place of business where architects, contractors, agents or suppliers are operating for purposes of this Lease.

Delays; Force Majeure. 24 In the event any party hereto Airports Authority or Contractor shall be delayed in the performance of its initial construction, or 25 maintenance and/or repair obligations, by reasons of strikes; lockouts; labor disputes; Acts of God; 26 inability to procure labor, materials, or reasonable substitutes therefor; or shall at any time be so delayed 27 by reason of the diminution of power or power failure(s); restrictive governmental laws or controls; 28 judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty, or reasons 29 of a similar nature not the fault of the party delayed in performing work or doing acts required under the 30 terms of this LeaseLease (collectively "Force Majeure"), then performance of such act shall be excused for the period of the delay and the 31 period for the performance of any such act shall be extended for a period equivalent to the period of such 32 delay; provided, however, that the time for performance shall in no event be extended due to financial or 33 economic problems of either any party, their architects, contractors, agents or employees, or delay caused by 34 the inability of architects, contractors, suppliers or other employees and agents to meet deadlines, delivery 35 or contract dates (unless such inability is caused by Acts of God, war, civil disobedience or strike). 36 Notwithstanding anything to the contrary, the occurrence of any of the events of force majeure Force Majeure herein 37 described shall not excuse TenantContractor's obligations to pay Minimum Annual RentalGuaranteed Rent, Percentage Rental Rent and 38 Additional Rent (unless the provisions of Article XVII or Article XVIII apply) or excuse such obligations 39 as this Lease may otherwise impose on the party to obey, remedy or avoid such event; moreover should 40 the work performed by Xxxxxx Contractor or XxxxxxContractor's contractor result in a strike, lockout and/or labor dispute, such 41 strike, lockout and/or labor dispute shall not excuse XxxxxxContractor's performance. Further, LandlordAirports Authority's reduction 42 of heat, light, air conditioning, or any other services whatsoever to the Park/Plaza Development Airport because 43 of any similar or dissimilar event constituting a cause for excusable delay hereunder shall not relieve 44 Tenant Contractor from its obligations pursuant to Article VII of this Lease. It shall be a condition of TenantContractor's right 45 to claim an extension of time as a result hereof that Tenant Contractor notify Landlord Airports Authority in writing within ten (10) 46 calendar days after the first occurrence of any such event, and the cause, specifying the nature thereof and 47 the period of time contemplated or necessary for performance. 48.

Delays; Force Majeure. 24 In the event any either party hereto shall be delayed in the performance of its initial construction, or 25 maintenance and/or repair obligations, by reasons of strikes; lockouts; labor disputes; Acts of God; 26 inability to procure labor, materials, or reasonable substitutes therefor; or shall at any time be so delayed 27 by reason of the diminution of power or power failure(s); restrictive governmental laws or controls; 28 judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty, or reasons 29 of a similar nature not the fault of the party delayed in performing work or doing acts required under the 30 terms of this Lease, then performance of such act shall be excused for the period of the delay and the 31 period for the performance of any such act shall be extended for a period equivalent to the period of such 32 delay; provided, however, that that, the time for performance shall in no event be extended due to financial or 33 economic problems of either party, their architects, contractors, agents or employees, or delay caused by 34 the inability of architects, contractors, suppliers or other employees and agents to meet deadlines, delivery 35 or contract dates (unless such inability is caused by Acts of God, waror, civil disobedience or strike). 36 Notwithstanding anything to the contrary, the occurrence of any of the events of force majeure herein 37 described shall not excuse Tenant's obligations to pay Minimum Annual Rental, Percentage Rental and 38 Additional Rent (unless the provisions of Article XVII or Article XVIII apply) or excuse such obligations 39 as this Lease may otherwise impose on the party to obey, remedy or avoid such event; moreover should 40 the work performed by Xxxxxx Tenant or XxxxxxTenant's contractor result in a strike, lockout and/or labor dispute, such 41 strike, lockout and/or labor dispute shall not excuse XxxxxxTenant's performance. Further, Landlord's reduction 42 of heat, light, air conditioning, or any other services whatsoever to the Park/Plaza Shopping Center and/or the Development because 43 of any similar or dissimilar event constituting a cause for excusable delay hereunder shall not relieve 44 Tenant from its obligations pursuant to Article VII of this Lease. , It shall be a condition of Tenant's right 45 to claim an extension of time as a result hereof that Tenant notify Landlord in writing within ten (10) 46 calendar days after the first occurrence of any such event, and the cause, specifying the nature thereof and 47 the period of time contemplated or necessary for performance. 48.