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); (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, or (iv) other conditions similar or dissimilar to those enumerated in this Section beyond the reasonable control of the party obligated to perform. If Landlord or Tenant 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 delay occasioned by any above-described event.

Appears in 2 contracts

Samples: Lease Agreement (Lithia Motors Inc), Lease Agreement (Lithia Motors Inc)

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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; (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, (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 (ivv) other conditions similar or dissimilar to those enumerated in this Section beyond the reasonable control of the party obligated to perform. If Landlord or Tenant 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 under this LeaseLease (collectively, "Force Majeure"), 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, for a period equal to the period of the delay occasioned by any event described above-described event. The provisions of this Section 8.19 shall not be applicable to Tenant's obligation to pay Rent, subject to the provisions of Section 9.2.2.

Appears in 1 contract

Samples: A123 Systems 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); (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, or (iv) other conditions similar or dissimilar to those enumerated in this Section section beyond the reasonable control of the party obligated to perform. If Landlord or Tenant 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, other than the payment of money, then such failure delay in performance shall be excused and not be a breach of this Lease by the party in question, but only to the extent such delay is 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 delay occasioned by any above-described event.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

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; (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 (iiivii) acts of God, governmental restrictions, regulations any events or controls, enemy or hostile governmental action, civil commotion, fire or other casualty, or (iv) other conditions similar or dissimilar to those enumerated in this Section beyond circumstances outside the reasonable control of the such party obligated to perform. If Landlord or Tenant shall, as the result of (any of the above-described eventsitems referenced in (i) through (vii) above defined as “Unavoidable Delay”), fail fails punctually to perform any obligation on its part to be 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, for a period equal to the period of the delay occasioned by any above-described eventUnavoidable Delay.

Appears in 1 contract

Samples: Lease Agreement (Christopher & Banks Corp)

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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; (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, (iv) trouble in obtaining fuel, electricity, water, sewer, or telecommunication services or supplies from sources from which they are usually obtained for the Buildings; or (ivv) other conditions similar or dissimilar to those enumerated in this Section beyond the reasonable control of the party obligated to perform. If Landlord or Tenant 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 under this LeaseLease (collectively, "Force Majeure"), 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, for a period equal to the period of the delay occasioned by any event described above-described event. The provisions of this Section 8.19 shall not be applicable to Tenant's obligation to pay Rent.

Appears in 1 contract

Samples: Athenahealth Inc

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