Common use of Force Majeure Delay Clause in Contracts

Force Majeure Delay. The Term shall also be extended by Force Xxxxxxx Xxxxx as provided herein. If any Party to this Agreement is prevented by Force Xxxxxxx Xxxxx from performing its obligations under this Agreement, then on the condition that (a) the Party claiming the benefit of said Force Majeure Delay did not cause or contribute to said Force Xxxxxxx Xxxxx and (b) said Force Xxxxxxx Xxxxx was beyond said Party's reasonable control, the time for performance by said Party of its obligations under this Agreement shall be extended by a number of days equal to the number of days that said Force Majeure Delay continued in effect, or by the number of days it reasonably takes to repair or restore the damage caused by such Force Majeure Delay to the condition which existed prior to the occurrence of said event(s), whichever is longer, or longer as the Parties may mutually agree. Where there is an event of Force Majeure Delay, the Party prevented from or delayed in performing its obligations under this Agreement must notify the other Party in writing within thirty (30) calendar days from the date on which it becomes aware, or should be aware utilizing reasonable diligence, of such Force Majeure Delay giving such particulars of the event of Force Majeure Delay as are then reasonably known and that are preventing said Party from, or delaying said Party in, performing its obligations under this Agreement. Except as otherwise specifically set forth in this Agreement, all time periods under this Agreement relating to non-monetary obligations under this Agreement, including but not limited to the Term, shall be extended for Force Majeure Delay in accordance with this Section, such that no Party shall be in default for an excused Force Majeure Delay.

Force Majeure Delay. The Term shall also be extended If Lessee is rendered unable, wholly or in part, by Force Xxxxxxx Xxxxx as provided herein. If any Party Majeure to this Agreement is prevented by Force Xxxxxxx Xxxxx from performing carry out its obligations under Section 11(B) of this AgreementLease (other than the obligation to make payments of monies due in connection with the development and construction of the Facility and Leased Premises), then on Lessee will give prompt written notice of the condition that Force Majeure with such notice specifying, in reasonable detail, the facts and events constituting the claimed Force Majeure situation(s) or occurrence(s). The obligation to perform so affected will be suspended during the continuation of an inability so caused, but for no longer period (a) a “Force Majeure Delay”), and this Lease shall otherwise remain unaffected. If Lessee claims Force Majeure, Lessee shall use commercially reasonable efforts to remove the Party claiming cause with all reasonable dispatch. Lessee will not be entitled to the benefit of said Force Majeure Delay did not cause under any of the following circumstances: to the extent the failure was caused by the negligence of Lessee; to the extent that the failure was caused by Lessee having failed to take commercially reasonable action to remedy the condition and to resume the performance of such obligations with reasonable dispatch; the ability of Lessee to obtain a better consideration for performance; or contribute to said economic hardship. The term “Force Xxxxxxx Xxxxx and (b) said Force Xxxxxxx Xxxxx was Majeure,” as employed in this Lease, shall mean any event or occurrence beyond said Party's the reasonable control, control of Lessee that prevents in whole or in part the time for performance by said Party Lessee of its obligations under Section 11(B) of this Agreement shall be extended Lease, including, but not limited to, strikes, lockouts or other industrial disturbances, wars, sabotage, terrorism, blockades, insurrections or acts of the public enemy, epidemics, landslides, lightning, earthquakes, tornadoes, fires, explosions, storms, floods, washouts or other acts of God, arrests or restraints of governments and people, riots or civil disturbances, embargoes, condemnation by government or governmental authorities or interference by civil or military authorities. Further, a number third party’s (including a general contractor or subcontractor performing the development and construction work for the Facility and Leased Premises) event of days equal to the number of days that said Force Majeure Delay continued in effect, or by preventing the number performance of days it reasonably takes to repair or restore the damage caused by such Force Majeure Delay to the condition which existed prior to the occurrence of said event(s), whichever is longer, or longer as the Parties may mutually agree. Where there is Lessee hereunder will be deemed an event of Force Majeure Delay, the Party prevented from or delayed in performing its obligations under this Agreement must notify the other Party in writing within thirty (30) calendar days from the date on which it becomes aware, or should be aware utilizing reasonable diligence, of such Force Majeure Delay giving such particulars of the event of Force Majeure Delay as are then reasonably known and that are preventing said Party from, or delaying said Party in, performing its obligations under this Agreement. Except as otherwise specifically set forth in this Agreement, for Lessee for all time periods under this Agreement relating to non-monetary obligations under this Agreement, including but not limited to the Term, shall be extended for Force Majeure Delay in accordance with this Section, such that no Party shall be in default for an excused Force Majeure Delaypurposes herein.

Force Majeure Delay. The Term Lessee shall also be extended diligently pursue the commencement and substantial completion of the Redevelopment Work by Force Xxxxxxx Xxxxx as provided hereinthe Required Completion Date. If any Party after Lessee’s exercise of the Permitted Extensions set forth above in Section 5.6, Lessee is still unable to this Agreement is prevented by Force Xxxxxxx Xxxxx from performing its obligations under this Agreement, then on the condition that commence and/or substantially complete (aas applicable) the Party claiming the benefit of said Force Majeure Delay did not cause Redevelopment Work or contribute a component thereof, despite Lessee’s diligent efforts to said Force Xxxxxxx Xxxxx and (b) said Force Xxxxxxx Xxxxx was beyond said Party's reasonable controldo so, the time for performance by said Party of its obligations under this Agreement shall be extended by due to a number of days equal to the number of days that said Force Majeure Delay continued in effect, or by the number of days it reasonably takes to repair or restore the damage caused by such Force Majeure Delay to the condition which existed prior to the occurrence of said event(s), whichever is longer, or longer as the Parties may mutually agree. Where there is an event of Force Majeure Delay, then the Party prevented from or delayed in performing its obligations under this Agreement must notify applicable Required Commencement Date and/or Required Completion Date with which Lessee has been unable to comply shall be further extended for the other Party in writing within thirty (30) calendar days from the date on which it becomes aware, or should be aware utilizing reasonable diligence, continued period of such delay that is due to a Force Majeure Delay giving such particulars Delay; provided, however, that in no event shall a Required Commencement Date or the Required Completion Date (as extended pursuant to Lessee’s exercise of the event of Force Majeure Delay as are then reasonably known and that are preventing said Party from, or delaying said Party in, performing its obligations under this Agreement. Except as otherwise specifically set forth in this Agreement, all time periods under this Agreement relating to non-monetary obligations under this Agreement, including but not limited to the Term, shall Permitted Extensions) be extended for Force Majeure Delay in accordance with pursuant to this Sectionsubsection 5.6.1 for a period of longer than one (1) year. Notwithstanding any extension of a Required Commencement Date or the Required Completion Date pursuant to this subsection 5.6.1, Lessee shall to the extent possible commence and proceed to complete the portions, if any, of the Redevelopment Work that can be completed notwithstanding such that no Party shall be in default for an excused Force Majeure Delay. Any extension of a Required Commencement Date or the Required Completion Date due to Force Majeure Delay shall be limited to the period of the Force Majeure Delay and no such delay shall be considered to have commenced until such time as Lessee shall have notified Director in writing of such delay.