Common use of Effect of Unavoidable Delays Clause in Contracts

Effect of Unavoidable Delays. The provisions of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any (i) strike(s), lockout(s) or labor dispute(s); or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar to those enumerated in this item (ii) beyond the reasonable control of the party obligated to perform. If LESSOR or LESSEE shall, as the result of any of the above described events, fail punctually to perform any obligation on its part to be performed, under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, however, the provisions of this section shall not be applicable to LESSEE’S obligation to pay rent or its obligations to pay any other sum, monies, costs, charges or expenses required to be paid by LESSEE hereunder, and to LESSOR’S obligations under the provisions of Article IV.

Appears in 9 contracts

Samples: Lease Agreement, Lease Agreement (New Abraxis, Inc.), Lease Agreement (APP Pharmaceuticals, Inc.)

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Effect of Unavoidable Delays. The provisions of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any (i) strike(s), lockout(s) or labor dispute(s); or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar to those enumerated in this item (ii) beyond the reasonable control of the party obligated to perform. If LESSOR or LESSEE shall, as the result of any of the above described events, fail punctually to perform any obligation on its part to be performed, under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, however, the provisions of this section shall not be applicable to LESSEE’S ’s obligation to pay rent or its obligations to pay any other sum, monies, costs, charges or expenses required to be paid by LESSEE hereunder, and to LESSOR’S ’s obligations under the provisions of Article IV.

Appears in 4 contracts

Samples: Lease Agreement (New Abraxis, Inc.), Lease Agreement (Abraxis Biosciences, Inc.), Lease Agreement (New Abraxis, Inc.)

Effect of Unavoidable Delays. The provisions of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any (i) strike(s), lockout(s) or labor dispute(s); or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar to those enumerated in this item (ii) beyond the reasonable control of the party obligated to perform. If LESSOR or LESSEE shall, as the result of any of the above described events, fail punctually to perform any obligation on its part to be performed, under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, however, the provisions of this section shall not be applicable to LESSEE’S obligation to pay rent or its obligations to pay any other sum, monies, costs, charges or expenses required to be paid by LESSEE hereunder, and to LESSOR’S ’s obligations under the provisions of Article IV.

Appears in 4 contracts

Samples: Lease Agreement (Abraxis Biosciences, Inc.), Lease Agreement (APP Pharmaceuticals, Inc.), Lease Agreement (New Abraxis, Inc.)

Effect of Unavoidable Delays. The provisions of this section Section shall be applicable if there shall occur, during the Lease Term, or prior to the commencement thereof thereof, any (i) strike(s)strike, lockout(s) lockout or labor dispute(s)dispute; or (ii) inability to obtain labor or materials, materials or reasonable substitutes therefor; or (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar or dissimilar to those enumerated in this item (iiiii) any other circumstances beyond the reasonable control of the party obligated to perform. If LESSOR Landlord or LESSEE Tenant shall, as the a result of any of the above described events, fail punctually to perform any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either any party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-above described event. Notwithstanding anything herein contained, however, the provisions of this section Section shall not be applicable to LESSEE’S Tenant's obligation to pay the Fixed Minimum Rent or additional rent under the provisions of Article IV or its obligations obligation to pay any other sumsums, monies, costs, charges or expenses required to be paid by LESSEE Tenant hereunder, and to LESSOR’S obligations under unless the provisions of Article IVPremises are untenantable.

Appears in 2 contracts

Samples: Lease Agreement (Citysearch Inc), Lease Agreement (Ticketmaster Online Citysearch Inc)

Effect of Unavoidable Delays. The provisions of this section Section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof thereof, any (i) strike(s), lockout(s) or labor dispute(s); or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty casualty, or other conditions similar or dissimilar to those enumerated in this item (iiiii) beyond the reasonable control of the party obligated to perform. If LESSOR Landlord or LESSEE Tenant shall, as the result of any of the above above-described events, fail punctually to perform any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a and such named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, however, the provisions of this section Section shall not be applicable to LESSEE’S or in determining the date of commencement of or the continuance of Tenant's obligation to pay rent Rent or its obligations to pay any other sumsums, moniesmoneys, costs, charges or expenses required to be paid by LESSEE Tenant hereunder, and to LESSOR’S obligations under the provisions of Article IV.

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

Effect of Unavoidable Delays. ​ 44 ​ The provisions of this section Section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any term, any: (i1) strike(s), lockout(s) or labor dispute(s); or (ii2) inability to obtain labor or materials, materials or reasonable substitutes therefor; or acts (3) Acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, or fire or other casualty casualty, or other conditions similar to those enumerated in this item (ii3) beyond the reasonable control of Landlord or Tenant, or if Landlord or Tenant is delayed or impeded by acts of Tenant, its officers, employees, agents, servants and the party obligated to performlike or by weather conditions. If LESSOR or LESSEE either party shall, as the a result of any of the above described eventssuch event, fail punctually to perform any Lease obligation, including, but not limited to, Landlord’s obligations set forth in Sections 5 and 6 hereof, (and as to Tenant under no circumstances shall there be by reason of any item set forth herein any extension of the time for any obligation on its part of Tenant to be performed, pay the Base Rent and additional rent due under this Lease, or maintain the insurance as required by the terms of this Lease), then such failure obligation(s) shall be excused and not be punctually performed as soon as practicable after such event shall xxxxx. If either party shall, as a breach result of this Lease by the party in question, but only to the extent occasioned by any such event. If , be unable to exercise any right or option of either party to take within any action under or with respect to time limit provided therefor in this Lease is conditioned upon the same being exercised within any prescribed period of such time or at or before a named date, then such prescribed period of time and such named date limit shall be deemed to be extended or delayed, as the case may be for a period equal to the period duration of the delay occasioned by any above-described such event. Notwithstanding anything herein contained, however, Neither party shall under any circumstances be liable to the provisions other party for any damages which may result from any such delays and neither shall have any right to cancel or terminate this Lease by reason of any such delay caused by an event in this section shall not be applicable to LESSEE’S obligation to pay rent or its obligations to pay any other sum, monies, costs, charges or expenses required to be paid by LESSEE hereunder, and to LESSOR’S obligations under the provisions of Article IVparagraph.

Appears in 1 contract

Samples: Indenture of Lease (Highland Transcend Partners I Corp.)

Effect of Unavoidable Delays. The provisions If either party to this Lease, as the result of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any (i) strike(s)strikes, lockout(s) lockouts or labor dispute(s)disputes; or (ii) acts of God or extremely adverse weather conditions for the immediate area; (iii) civil commotion or terrorism; (iv) condemnation, fire or other casualty; (v) inability to obtain labor or materials; (vi) delay or interruption of services, including, without limitation, utilities or reasonable substitutes thereforcommunication lines, not attributable to Tenant’s action or inaction; or acts of God, governmental restrictions, regulations (vii) any events or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar to those enumerated in this item (ii) beyond circumstances outside the reasonable control of the such party obligated to perform. If LESSOR or LESSEE shall, as the result of (any of the items referenced in (i) through (vii) above described eventsdefined as “Unavoidable Delay”), fail fails punctually to perform any obligation on its part to be performed, performed under this Lease, excluding Tenant’s obligation to pay Rent, then such failure shall be excused and not be a breach of this Lease by the party in question, but only for the period and to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-described eventUnavoidable Delay. Notwithstanding anything herein contained, however, the provisions of this section shall not be applicable to LESSEE’S obligation to pay rent or its obligations to pay any other sum, monies, costs, charges or expenses required to be paid by LESSEE hereunder, and to LESSOR’S obligations under the provisions of Article IV[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; EXECUTION PAGE FOLLOWS.]

Appears in 1 contract

Samples: Lease Agreement

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Effect of Unavoidable Delays. The provisions If either party to this Lease, ------------------------------------------ as the result of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof any (i) strike(s)strikes, lockout(s) lockouts, or labor dispute(s)disputes; or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or (iii) acts of God, governmental restrictionsaction, regulations or controls, enemy or hostile governmental actioncondemnation, civil commotion, fire fire, or other casualty casualty, (iv) trouble in obtaining fuel, electricity, water, sewer, or telecommunication services or supplies from sources from which they are usually obtained for the Building; or (v) other conditions similar to those enumerated in this item (ii) Section beyond the reasonable control of the party obligated to perform. If LESSOR or LESSEE shall, as the result of any of the above described events, fail punctually fails to perform punctually any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, date then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any event described above-described event. Notwithstanding anything herein contained, however, the provisions of this section Section shall not be applicable to LESSEE’S Tenant's obligation to pay rent Rent under Article 3.0, or its obligations Tenant's obligation to pay any other sumsums, monies, costs, charges charges, or expenses required to be paid by LESSEE hereunder, and to LESSOR’S obligations the Tenant under the provisions of Article IVthis Lease.

Appears in 1 contract

Samples: Minimum Liability (Yurie Systems Inc)

Effect of Unavoidable Delays. The Subject to Section 10.16, the provisions of this section Section shall be applicable if there shall occur, during the Termterm of the Lease, or prior to the commencement thereof thereof, any (i) strike(s)strike, lockout(s) lockout or labor dispute(s)dispute; or (ii) inability to obtain labor or materials, materials or reasonable reasonable. substitutes therefor; or (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty or other conditions similar or dissimilar to those enumerated in this item (iiiii) any other circumstances beyond the reasonable control of the party obligated to perform. If LESSOR Landlord or LESSEE Tenant shall, as the a result of any of the above described events, fail punctually to perform any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either any party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-above described event. Notwithstanding anything herein contained, however, the provisions of this section Section shall not be applicable to LESSEE’S Tenant’s obligation to pay the Fixed Minimum Rent or additional rent under the provisions of Article IV or its obligations obligation to pay any other sumsums, monies, costs, charges or expenses required to be paid by LESSEE Tenant hereunder, and to LESSOR’S obligations under the provisions of Article IV.

Appears in 1 contract

Samples: Lease Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Effect of Unavoidable Delays. The provisions of this section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof thereof, any (ia) strike(s), lockout(s) or labor dispute(s); or (iib) inability to obtain labor or materials, or reasonable substitutes therefor; or (c) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty casualty, or (d) other conditions similar or dissimilar to those enumerated in this item (ii) beyond the reasonable control of the party obligated to perform. If LESSOR Landlord or LESSEE Tenant shall, as the result of any of the above above-described events, fail punctually to perform any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, contained however, the provisions of this section shall not be applicable to LESSEE’S obligation Tenant's obligations to timely pay rent Rent or its obligations to pay any other sumsums, moniesmoneys, costs, charges or expenses required to be paid by LESSEE hereunder, Tenant hereunder and time shall be of the essence with respect to LESSOR’S obligations under the provisions of Article IVtimely payment thereof.

Appears in 1 contract

Samples: Agreement of Lease (Zones Inc)

Effect of Unavoidable Delays. The provisions of this section Section shall be applicable if there shall occur, during the Term, or prior to the commencement thereof thereof, any (i) strike(s), lockout(s) or labor dispute(s); or (ii) inability to obtain labor or materials, or reasonable substitutes therefor; or (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, fire or other casualty casualty, or (iv) other conditions similar or dissimilar to those enumerated in this item (ii) Section beyond the reasonable control of the party obligated to perform. If LESSOR Landlord or LESSEE Tenant shall, as the result of any of the above above-described events, fail punctually to perform any obligation on its part to be performed, performed under this Lease, then such failure shall be excused and not be a breach of this Lease by the party in question, but only to the extent occasioned by such event. If any right or option of either party to take any action under or with respect to this Lease is conditioned upon the same being exercised within any prescribed period of time or at or before a named date, then such prescribed period of time and such named date shall be deemed to be extended or delayed, as the case may be be, for a period equal to the period of the delay occasioned by any above-described event. Notwithstanding anything herein contained, contained however, the provisions of this section Section shall not be applicable to LESSEE’S obligation Tenant's obligations to pay rent Rent or its obligations to pay any other sumsums, moniesmoneys, costs, charges or expenses required to be paid by LESSEE hereunder, Tenant hereunder and time shall be of the essence with respect to LESSOR’S obligations under the provisions of Article IVtimely payment thereof.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

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