Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise. (b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord. (c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 6 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle Tenant default or relieve Tenant Landlord from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord, or injury to or interruption of Landlord’s business, or otherwise.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay Fixed Rent and Additional Rent hereunder and perform all of the other covenants and agreements hereunder on the part of Tenant to be performed will not be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or because Landlord is unable to make, or is delayed in making any repairs, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of strikes or labor troubles or by accident, any act or omission of Tenant or any other Tenant Party (or any of their respective employees, contractors, agents, representatives, directors, officers, successors or assigns) or by any cause whatsoever reasonably beyond Landlord’s control, including acts of God, terrorism, natural disasters, laws, governmental preemption in connection with a national emergency or by reason of any Legal Requirements or by reason of the conditions of supply and demand which have been or are affected by war or other emergency (“Unavoidable Delays”).
(b) This Lease and the obligation of Tenant to perform all of its covenants, agreements and obligations hereunder (except for the obligation to pay Rent or any other amount due hereunder) will not be deemed delinquent or deemed to constitute an Event of Default hereunder because Tenant is unable to fulfill any such obligation, agreement or covenant (except for the obligation to pay Rent or any other amount due hereunder), if Tenant is prevented or delayed from so doing by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwiseUnavoidable Delay.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Inability to Perform. (a) If, by reason of the occurrence strikes or other labor disputes, fire or other casualty (or reasonable delays in adjustment of unavoidable delays due to acts insurance), accidents, Legal Requirement or any orders of Godany Government Authority, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause beyond Owner or event of a like Tenant's reasonable control, whether or not such other cause shall be similar in nature not attributable to those hereinbefore enumerated, Owner or Tenant, as the negligence or fault of the Landlordcase may be, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Leaseperform, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other their respective obligations under this LeaseLease or any instrument collateral thereto, then the performance or observance of such work or act obligation shall be excused for suspended to the period extent of and during the unavoidable delay duration of such inability and the period for the performance of any such work or act shall be extended for an equivalent period, and (i) no such inability or delay shall constitute an actual or constructive eviction of Tenant, in whole or in part, or entitle Tenant to any abatement or diminution of rental any of the Fixed Rent or any other charges sum due hereunder Owner from Tenant hereunder, or (ii) no such inability or delay shall relieve Tenant Owner or Tenant, as the case may be, from any of its their respective obligations under this LeaseLease which are not affected by such inability or delay, or impose any liability upon Landlord Owner, or its agents Tenant as the case may be, or their agents, by reason of inconvenience or annoyance to Tenantthe other party, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) If, by reason . The provisions of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature this Article SEVENTEENTH shall not attributable apply to the negligence obligations of either Owner or fault of Tenant to pay any monies due the other party. Owner and Tenant, Tenant is delayed in performing work or doing any act required under as the terms of this Lease or is unable case may be applicable, each agrees to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then employ reasonable diligence to eliminate the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance cause of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultreferred to in this Article, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contraryhowever, the provisions of this Section 33 sentence shall not operate apply in the event of any strike or labor dispute and neither party shall be required to excuse either party from the prompt payment of the Rent employ labor at overtime or any other payments required by premium pay rates unless there is a danger or threatened danger to the terms health or safety of this Leaseany occupant of the Building or the environmental condition thereof.
Appears in 3 contracts
Samples: Lease (Vizacom Inc), Lease (Netsmart Technologies Inc), Lease (Vizacom Inc)
Inability to Perform. (a) If, by reason This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the occurrence other provisions of unavoidable delays due to acts of Godthis Lease shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing supplying any utility service expressly or service required implied to be furnished by Landlord under the provisions of this Leasesupplied, or is unable to perform or make or is delayed in performing or making any installationsrepair, additions, alterations or decorations, repairs, alterations, additions or improvements required is unable to be performed supply or made under this Leaseis delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Leaseobligation hereunder, then the performance of such work if Landlord is so prevented or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents delayed by reason of inconvenience riot, strike, labor troubles, war, act of God or annoyance to Tenantany other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of unavoidable delays the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to acts the application of GodLaws, governmental restrictionsthe failure of any equipment, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work maintenance, repairs, improvements or act alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be excused for entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the unavoidable delay and day the period for service has been restored. If the performance entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of any such work or act abatement shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordequitably prorated.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Arvinas Holding Company, LLC), Lease Agreement (Arvinas Holding Company, LLC), Lease Agreement (Arvinas Holding Company, LLC)
Inability to Perform. (a) If, by reason This Lease and the obligation of the occurrence of unavoidable delays due Tenant to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any pay the rents hereunder and to perform all the other cause or event of a like nature not attributable to covenants hereunder on the negligence or fault part of the LandlordTenant to be performed, and observed shall not in any manner be excused because the Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from fulfil any of its obligations under this LeaseLease or to supply, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work supplying any of the Service expressly or doing any act required under the terms of this Lease implied to be supplied or is unable to fulfill make or is delayed in fulfilling supplying any of Tenant’s other obligations under this Lease, then equipment or fixtures if the performance of such work Landlord is prevented or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents delayed in so doing by reason of inconvenience necessary repairs replacement maintenance addition alteration or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrarydecoration of any installations or apparatus or their damage or destruction or by reason of mechanical or other defects or breakdown or inclement weather conditions or shortage of fuel, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent materials, water or labour or any other payments required cause beyond the Landlord’s control If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the terms Landlord to do so or if after using its best endeavours the Landlord is unable to make such a request to the Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within Six (6) months of the date upon which the Tenant vacated the Premises; and the Tenant shall indemnify the Landlord against any damage occasioned to the Premises and any actions claims proceedings costs expenses and demands made against the Landlord caused by or related to the presence of the property in or on the Premises AND the Tenant hereby accepts this LeaseLease subject to the covenants conditions provisions stipulations and agreements contained herein.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 Paragraph 34 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 2 contracts
Samples: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)
Inability to Perform. (a) If, by reason This lease and the obligation of Tenant to pay rent hereunder and perform all of the occurrence other covenants and agreements hereunder on part of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required Tenant to be performed shall in no wise be affected, impaired or made under this Lease, or excused because Owner is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Leaselease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon Landlord repair, additions, alterations or its agents decorations or is unable to supply or is delayed in supplying any equipment, fixtures or other materials if Owner is prevented or delayed form so doing by reason of inconvenience strike or annoyance to Tenantlabor troubles, governmental preemption or injury to restrictions or interruption by reason of Tenant’s businessany rule, order or otherwise.
(b) If, regulation of any department or subdivision thereof of any government agency or by reason of the occurrence conditions of unavoidable delays due to acts which have been or are affected, either directly or indirectly, by war or other emergency, or when, in the judgment of GodOwner, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance temporary interruption of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents services is necessary by reason of inconvenience accident, mechanical breakdown, or annoyance to Landlord.
(c) Notwithstanding anything herein contained make repairs, alterations or improvements. Bills and Notices: Except as otherwise in this lease provided, a xxxx, statement, notice or communication which Owner may desire or be required to give to Tenant, shall be deemed sufficiently given or rendered if, in writing, delivered to Tenant personally or sent by registered or certified mail addressed to Tenant at the contrary, building of which the provisions demised premises form a part or at the last known residence address or business address of this Section 33 shall not operate to excuse either party from the prompt payment Tenant or left at any of the Rent aforesaid premises addressed to Tenant, and the time of the rendition of such xxxx or any statement and of the giving of such notice or communication shall be deemed to be the time when the same is delivered to Tenant, mailed, or left at the premises as herein provided. Any notice by Tenant to Owner must be served by registered or certified mail addressed to Owner at the address first hereinabove given or at such other payments required address as Owner shall designate by the terms of this Lease.written notice. Water Charges:
Appears in 2 contracts
Samples: Lease Agreement, Store Lease (Swiss Army Brands Inc)
Inability to Perform. (a) If, by reason Section 33.01. This Lease and the obligation of Tenant to pay rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strike or annoyance to Tenantlabor troubles or any outside cause whatsoever including but not limited to, governmental preemption in connection with a National Emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s business, any department or otherwise.
(b) If, subdivision thereof of any government agency or by reason of the occurrence conditions of unavoidable delays due supply and demand which have been or are affected by war or other emergency. This Lease and the obligation of Landlord to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault perform all of the Tenantcovenants and agreements hereunder on the part of Landlord to be performed shall, except as otherwise specifically set forth herein, in no way be affected, impaired or excused because Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this LeaseLease (expressly excluding the obligation of Tenant to pay any Fixed Rent, additional rent or impose any liability upon other monetary item hereunder) if Tenant is prevented or its agents delayed from so doing by reason of inconvenience strike or annoyance to Landlord.
labor troubles or any outside cause whatsoever beyond the reasonable control of Tenant (c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 which shall not operate be deemed to excuse either party from the prompt payment include Tenant's failure to possess or inability to procure sufficient funds or to obtain labor and/or materials at a below average price) including but not limited to, governmental preemption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the Rent conditions of supply and demand which have been or any are affected by war or other payments required by the terms of this Leaseemergency.
Appears in 2 contracts
Samples: Lease (Citysearch Inc), Lease (Ticketmaster Online Citysearch Inc)
Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay the rent hereunder and/or the obligations of Landlord and Tenant to comply with the covenants and conditions hereof shall not be affected, curtailed, impaired, or excused because of the other party’s inability to supply any service or material called for herein, by reason of any rule, order, regulation, or preemption by any governmental entity, authority, department, agency, or subdivision or for any delay that may arise by reason of negotiations for the occurrence adjustment of unavoidable delays due to acts any fire or other casualty loss or because of God, governmental restrictions, strikes, strikes or other labor disturbances, shortages trouble or for any cause beyond the control of materials or supplies the other party or for any other cause or event reason constituting Force Majeure. “Force Majeure” shall mean and include those situations beyond either party’s control, including by way of a like nature example and not attributable to the negligence or fault limitation, acts of the LandlordGod; accidents; repairs; strikes; shortages of labor, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Leasesupplies, or is unable to perform materials; inclement weather; scheduling of planning board meetings or make other municipal action affecting any issuance of construction permits and/or approvals; where applicable, the passage of time while waiting for an adjustment of insurance proceeds; or is delayed in performing or making any installationswar, decorations, repairs, alterations, additions or improvements required to be performed or made under this Leaseterrorism, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act bioterrorism. Landlord shall be excused for the period of the unavoidable any delay and the period for in the performance of any such work obligation hereunder when prevented from so doing by a Force Majeure event provided nothing contained in this Article or act elsewhere in this Lease shall be extended for an equivalent period, and no such inability deemed to excuse or permit any delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act payment obligations on the part of Landlord. Tenant shall similarly be excused for the period of the unavoidable any delay and the period for in the performance of any such work obligation hereunder when prevented from so doing by a Force Majeure event, provided nothing contained in this Article or act elsewhere in this Lease shall be extended for an equivalent period, and no such inability deemed to excuse or permit any delay shall constitute a defaultin the payment of Fixed Basic Rent or Additional Rent by Tenant to Landlord, or entitle or relieve any delay in the cure of any Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents default which may be cured by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Leasemoney.
Appears in 2 contracts
Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)
Inability to Perform. (a) If, by reason This Lease and the obligation of the occurrence of unavoidable delays due Tenant to acts of Godpay rent hereunder and to keep, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault observe and perform all of the Landlordother terms, Landlord is unable to furnish or is delayed in furnishing any utility or service required covenants, conditions, provisions and agreements of this Lease on the part of Tenant to be furnished by Landlord under the provisions of this Leasekept, observed or is unable to perform performed shall in no wise be affected, impaired or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or excused because landlord is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply, or impose is delayed or curtailed in supplying any liability upon Landlord service expressly or impliedly to be supplied or its agents by reason of inconvenience or annoyance unable to Tenantmake, or injury to is delayed or interruption of Tenant’s businesscurtailed in making, any repairs, alterations, decorations, additions or improvements, or otherwise.
(b) Ifis unable to supply, or is delayed or curtailed in supplying, any cause beyond Landlord's reasonable control, including, but not limited to, acts of Go, strike or labor troubles, fuel or energy shortages, governmental preemption or curtailment in connection with a national emergency or in connection with any rule, order, guideline or regulation of any department or governmental agency or by reason of the occurrence conditions of unavoidable delays due supply and demand which have been or are affected by a war or other emergency. Any such prevention, delay or curtailment shall be deemed excused and Landlord shall not be subject to acts of Godany liability resulting therefrom. Notwithstanding the foregoing, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or in the event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or Landlord is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such Landlord's inability or delay shall constitute a default, or entitle or relieve to perform prohibits Tenant from any of reasonably conduct its obligations under this Leasebusiness in the Demised Premises, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.then:
Appears in 2 contracts
Samples: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)
Inability to Perform. (a) If, by reason of the occurrence strikes or other labor disputes, fire or other casualty, accidents, orders or regulations of unavoidable delays due to acts of Godany Federal, governmental restrictionsState, strikesCounty or municipal authority, labor disturbances, shortages of materials or supplies or for any other cause beyond Landlord's reasonable control, whether or event of a like not such other cause shall be similar in nature not attributable to the negligence or fault of the Landlordthose hereinbefore enumerated, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements improvements, whether or not required to be performed or made under this Lease, or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s 's other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent periodcollateral instrument, and no such inability or delay shall constitute an actual or constructive eviction eviction, in whole or in part, part or entitle Tenant to any abatement or diminution of rental or other charges due hereunder rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason reasons of the inconvenience or annoyance to Tenant, or injury to to, or interruption of Tenant’s 's business, or otherwise.
(b) If, but only for so long as such force majeure conditions exist provided, however that in the event such condition renders the Demised Premises untenantable, Tenant shall be entitled to a rental abatement for the period in which such condition exists. If Tenant is unable to fulfill its obligations hereunder by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenantconditions specified in this Section 48A, Tenant is delayed shall not be deemed to be in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents default hereunder by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.thereof. INTERRUPTION OF SERVICE
Appears in 1 contract
Inability to Perform. (a) IfExcept as otherwise provided in Section 31.03 hereof, if by reason of (1) strike, 92) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency, or (6) any cause beyond the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault reasonable control of the Landlordparty whose performance of an obligation hereunder is required, Landlord is unable to furnish or is delayed in furnishing any utility or service required to such party shall be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other its obligations under this Lease, then the performance of such work or act Lease (except nothing herein contained shall be excused for the period of the unavoidable delay and the period for the performance of in any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder way ever release or relieve Tenant from any obligation to pay basic annual rent, additional rent or any other charge payable to Landlord under this Lease on the date such payments are due nor release or relieve Landlord of any of Landlord's obligations to make any payment of money due by Landlord to Tenant under this Lease on the date such payments are due) or if Landlord shall be unable to supply any service which Landlord is obligated to supply, this Lease and Tenant's obligation to pay rent hereunder and Landlord's obligation to make any payment of money to Tenant under this Lease shall in no wise be affected, impaired or excused, provided, however, that as soon as the relevant party shall learn of the happening of any of the foregoing conditions, such party shall promptly notify the other of such event and, if ascertainable, its estimated duration and will proceed promptly and diligently with the fulfillment of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwiseas soon as reasonably possible.
(b) IfThe foregoing provisions of Section 25.01(a) notwithstanding, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or if for any other cause or event reason whatsoever, including the matters described in Article 27 of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then Landlord shall fail to provide any service required to be provided by Landlord to Tenant under this Lease and if, as a result of Landlord's failure to provide all or any of said services, the performance demised premises are rendered Wholly Untenantable or Partially Untenantable (as such terms are hereinafter defined) for more than five (5) consecutive business days after written notice of such work the existence of which condition has been given by Tenant to Landlord or act any six (6) business days in a ten (10) day period, Tenant, as its sole right and remedy, shall be excused entitled to an abatement of basic annual rent and additional rent (on a per square foot basis) for each day after said five (5) day period or the seventh (7th) day in any ten (10) day period until the demised premises or the applicable portion thereof cease to be Wholly Untenantable or Partially Untenantable, as the case may be. For the purposes of this Article 25, "Wholly Untenantable" shall mean that Tenant, due to the cessation of one or more of the unavoidable delay and services set forth in the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions first sentence of this Section 33 shall not operate 25.01(b), is actually unable to excuse either party from use the prompt payment entire demised premises in the normal course of its business and that Tenant, due to the cessation of one or more of the Rent or any other payments required by services set forth in the terms first sentence of this LeaseSection 25.01(b), completely ceases to occupy the same for such conduct of its business, and "Partially Untenantable" shall mean that Tenant, due to the cessation of one or more of the services set forth in the first sentence of this Section 25.01(b), is actually unable to use a portion of the demised premises in the normal course of its business and that Tenant, due to the cessation of one or more of the services set forth in the first sentence of this Section 25.01(b), ceases to occupy the same for such conduct of its business.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Inability to Perform. (a) If, by reason of the occurrence strikes or other labor disputes, fire or other casualty (or reasonable delays in adjustment of unavoidable delays due to acts insurance), accidents, Legal Requirement or any orders of Godany Government Authority, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause beyond Landlord or event of a like Tenant’s reasonable control, whether or not such other cause shall be similar in nature not attributable to the negligence or fault of the Landlordthose hereinbefore enumerated, Landlord or Tenant, as the case may be, is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Leaseperform, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other their respective obligations under this LeaseLease or any instrument collateral thereto, then the performance or observance of such work or act obligation shall be excused for suspended to the period extent of and during the unavoidable delay duration of such inability and the period for the performance of any such work or act shall be extended for an equivalent period, and (i) no such inability or delay shall constitute an actual or constructive eviction of Tenant, in whole or in part, or entitle Tenant to any abatement or diminution of rental any of the Fixed Rent or any other charges sum due hereunder Landlord from Tenant hereunder, or (ii) no such inability or delay shall relieve Tenant Landlord or Tenant, as the case may be, from any of its their respective obligations under this LeaseLease which are not affected by such inability or delay, or impose any liability upon Landlord Landlord, or its agents Tenant as the case may be, or their agents, by reason of inconvenience or annoyance to Tenantthe other party, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason . The provisions of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature this Article SEVENTEENTH shall not attributable apply to the negligence obligations of either Landlord or fault of Tenant to pay any monies due the other party. Landlord and Tenant, Tenant is delayed in performing work or doing any act required under as the terms of this Lease or is unable case may be applicable, each agrees to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then employ reasonable diligence to eliminate the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance cause of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultreferred to in this Article, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contraryhowever, the provisions of this Section 33 sentence shall not operate apply in the event of any strike or labor dispute and neither party shall be required to excuse either party from the prompt payment of the Rent employ labor at overtime or any other payments required by premium pay rates unless there is a danger or threatened danger to the terms health or safety of this Leaseany occupant of the Building or the environmental condition thereof.
Appears in 1 contract
Samples: Lease (Passport Brands, Inc)
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Landlord's reasonable control, Landlord is Is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is Is unable to perform or make make, or is delayed in In performing or making making, any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill fulfill, or is delayed in fulfilling fulfilling, any of Landlord’s 's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) . If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Tenant's reasonable control, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other perform its obligations under this LeaseLease (other than Tenant's obligations to pay rent hereunder), then Tenant shall be excused from the performance of such work or act shall be excused obligations for the period of the unavoidable any delay and the period for the performance of caused by any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordevent.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Inability to Perform. (a) IfExcept as expressly provided in this Lease, by reason the obligation of Tenant to perform all of the occurrence covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts be performed, and the obligation of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Landlord to the negligence or fault perform all of the Landlordcovenants and agreements hereunder on the part of Landlord to be performed, will not be affected, impaired or excused because Landlord or Tenant, as the case may be, is unable to furnish fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant, as the case may be, or because Landlord or Tenant, as the case may be, is unable to make, or is delayed in furnishing making any utility repairs, additions, alterations, improvements or service required to be furnished by Landlord under the provisions of this Lease, decorations or is unable to perform or make supply or is delayed in performing supplying any equipment or making any installationsfixtures, decorationsunless Landlord or Tenant, repairsas the case may be, alterationsis prevented or delayed from so doing by reason of Force Majeure or delays resulting from Mortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, additions or improvements required collectively, “Unavoidable Delays”); provided, however, in no event shall such party’s financial inability to perform be performed or made under an Unavoidable Delay. Notwithstanding anything to the contrary set forth herein, Tenant’s obligation to pay Rent hereunder shall not be affected hereby unless specifically provided for in this Lease, or . Landlord and Tenant each shall notify the other as promptly as is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance reasonably practicable after learning of any Unavoidable Delays which prevent such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant party from fulfilling any of its obligations under this Lease, or impose any liability upon and after such initial notification promptly after request of the other party, Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
Tenant (bas the case may be) If, by reason shall notify the other party of the occurrence status of unavoidable delays due such delay. Each party shall use all commercially reasonable efforts to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for mitigate the delay caused by any other cause or event of a like nature not attributable Unavoidable Delays to the negligence extent reasonably commercially practicable, but without the necessity of employing overtime labor unless such party elects to do so within its sole discretion or fault of unless the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable other party elects to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of pay for such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordovertime labor.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (MSCI Inc.)
Inability to Perform. (a) If, by reason A. This Lease and the obligation of Tenant to pay Fixed Annual Rent and Additional Rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease (including, without limitation, Landlord’s inability to make, or impose Landlord’s delay in making, any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenantrepairs, additions, alterations, improvements, or injury to or interruption of Tenant’s businessdecorations, or otherwise.
(bLandlord’s inability to supply, or Landlord’s delay in supplying, any service, equipment, or fixtures) Ifif Landlord is prevented or delayed from so doing, directly or indirectly, by reason of any cause, thing, or circumstance whatsoever beyond Landlord’s reasonable control, including, without limitation, Legal Requirements, strike or labor troubles, government preemption or restrictions, or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency, or by reason of the occurrence conditions which have been or are affected, either directly or indirectly, by war or other emergency, or any shortages or unavailability of unavoidable supplies, materials, fuel, water, electricity, or labor, or by any Tenant Delay or delays due to caused by other tenants or occupants of the Building (provided Landlord is taking reasonable measures against such tenants or occupants), acts of God, governmental restrictionsenemy, strikesor terrorist action, labor disturbancescivil commotion, shortages of materials fire, or supplies or for other casualty (such delays, “Unavoidable Delays”).
B. Landlord reserves the right, without any other cause or event of a like nature not attributable liability to the negligence or fault of the Tenant, Tenant is delayed except as otherwise expressly provided in performing work or doing this Lease, and without being in breach of any act required under the terms covenant of this Lease Lease, to stop, interrupt or is unable to fulfill suspend service of any Building services or is delayed in fulfilling utilities, including those servicing the Demised Premises, including without limitation, the electrical service, heating, or the rendition of any other services required of Tenant’s other obligations Landlord under this Lease, then whenever and for so long as may be reasonably necessary or advisable, by reason of accidents, Unavoidable Delays, and making of repairs, or changes which Landlord is required to make pursuant to this Lease, any Superior Interest, or any other lease for space in the Building, or by law or, in good faith, deems advisable, or by reason of inadvertent delays. In each instance, Landlord shall exercise reasonable diligence to eliminate the cause of stoppage and to effect restoration of service and shall give Tenant reasonable notice whenever practicable of the commencement and anticipated duration of such stoppage. Except as otherwise provided in this Lease, Tenant shall not be entitled to any diminution or abatement of rent or other compensation nor shall this Lease or any of the obligations of Tenant be affected or reduced by reason of the interruption, stoppage or suspense of any of the Building’s systems or services arising out of the clauses set forth herein. Tenant shall not be released or excused from the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this LeaseLease for any failure or for interruption or curtailment of any electric energy, elevator service, heat, or impose for any liability upon Tenant reason whatsoever and no such failure, interruption or its agents by reason of inconvenience curtailment shall constitute a constructive or annoyance partial eviction unless due to Landlord’s willful misconduct or gross negligence.
(c) C. Notwithstanding anything herein contained in this Lease to the contrary, in any instance in which the Demised Premises (or any portion thereof) is Untenantable (as hereafter defined) to the extent due to (x) the failure of Landlord to perform any of Landlord’s maintenance and repair obligations in accordance with the provisions of this Section 33 shall not operate to excuse either party from Lease or (y) the prompt payment interruption, curtailment or suspension of any of the Rent services Landlord is obligated to provide under this Lease without the negligence or willful misconduct of Tenant or any other payments required persons claiming through or under Tenant or (z) any work that Landlord shall perform in the Demised Premises or the Building that is not proximately caused by the terms negligence or willful misconduct of Tenant or any it is employees, agents or contractors, provided that Tenant has promptly notified Landlord in writing of any such condition, and such period of Untenantability shall continue for five (5) consecutive business days thereafter, and provided Tenant is not then in monetary default under this Lease.Lease and no material nonmonetary Event of Default has occurred and is then continuing, then, as liquidated damages and Tenant’s sole and exclusive remedy at law and in equity, for the period commencing on the sixth (6th) business day after the Demised Premises (or such portion thereof) is so Untenantable until the Demised Premises (or such portion thereof) is no longer Untenantable, Fixed Annual Rent and Additional Rent due
Appears in 1 contract
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Landlord's reasonable control, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of Article 8 hereof or any other provisions of this LeaseLease or any collateral instrument, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions additions, or improvements improvements, whether required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s 's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to terminate the Lease or, except for a delay in delivering the Demised Premises to Tenant (in which case all rent due hereunder shall be abated, and the Lease Term extended, for a period equal to that delay), any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) If. Notwithstanding the foregoing, in the event that for reasons not caused by reason of the occurrence of unavoidable delays due to acts of GodTenant, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature essential utility services are not attributable rendered to the negligence Demised Premises for a period in excess of three days, and as a result thereof, the Demised Premises are as a practical matter not reasonably habitable or fault of suitable for the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any conduct of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period's regular business operations, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 Landlord shall not operate to excuse either party from have made a reasonable and effective interim substitute therefor (i.e., portable heaters, generators, etc.), Rental shall abatx xxxing the prompt payment continuation of the Rent or any other payments required by the terms of this Leasethat interruption thereafter until restored.
Appears in 1 contract
Samples: Lease (National Techteam Inc /De/)
Inability to Perform. (a) If, by reason of the occurrence strikes or ----------- -------------------- other labor disputes, fire or other casualty (or reasonable delays in adjustment of unavoidable delays due to acts insurance), accidents, Legal Requirement or any orders of Godany Government Authority, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause beyond Licensor or event of a like Licensee's reasonable control, whether or not such other cause shall be similar in nature not attributable to those herein before enumerated, Licensor or Licensee, as the negligence or fault of the Landlordcase may be, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Leaseperform, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other their respective obligations under this LeaseAgreement or any instrument collateral thereto, then the performance or observance of such work or act obligation shall be excused for suspended to the period extent of and during the unavoidable delay duration of such inability and the period for the performance of any such work or act shall be extended for an equivalent period, and (i) no such inability or delay shall constitute an actual or constructive eviction of Licensee, in whole or in part, or entitle Tenant Licensee to any abatement or diminution of rental any of the License Fee or any other charges sum due hereunder Licensor from Licensee hereunder, or (ii) no such inability or delay shall relieve Tenant Licensor or Licensee, as the case may be, from any of its their respective obligations under this LeaseAgreement which are not affected by such inability or delay, or impose any liability upon Landlord Licensor, or its agents Licensee, as the case may be, or their agents, by reason of inconvenience or annoyance to Tenantthe other party, or injury to or interruption of Tenant’s Licensee's business, or otherwise.
(b) If, by reason . The provisions of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature this Paragraph 21 shall not attributable apply to the negligence obligations of either Licensor or fault of Licensee, to pay any monies due the Tenantother party. Licensor and Licensee, Tenant is delayed in performing work or doing any act required under as the terms of this Lease or is unable case may be applicable, each agrees to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then employ reasonable diligence to eliminate the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance cause of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultreferred to in this Paragraph, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contraryhowever, the provisions of this Section 33 sentence shall not operate apply in the event of any strike or labor dispute and neither party shall be required to excuse either party from the prompt payment of the Rent employ labor at overtime or any other payments required by premium pay rates unless there is a danger or threatened danger to the terms health or safety of this Leaseany occupant of the Building or the environmental condition thereof.
Appears in 1 contract
Samples: License Agreement (Cdnow N2k Inc)
Inability to Perform. (a) IfEXCULPATORY CLAUSE Except as otherwise expressly provided in this Lease, by reason this Lease and the obligations of Tenant to pay Rent hereunder and perform all other covenants, agreements, terms, provisions and conditions hereunder on the occurrence part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill supply or is delayed in fulfilling supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from doing so by reason of strikes or labor troubles or any other similar or dissimilar cause whatsoever beyond Landlord’s reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of TenantLandlord’s assets other obligations than Landlord’s interest in the Property and in the rents, issues and profits thereof, and Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, then the performance of such work or act it being specifically agreed that in no event shall be excused for the period Landlord (which term shall include, without limitation any of the unavoidable delay and the period officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives, disclosed or undisclosed, of Landlord or any managing agent) ever be personally liable for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 liability. This paragraph shall not operate limit any right that Tenant might otherwise have to excuse either party from the prompt payment of the Rent obtain injunctive relief against Landlord or to take any other payments required by action which shall not involve the terms personal liability of this LeaseLandlord to respond in monetary damages from Landlord’s assets other than the Landlord’s interest in said real estate, as aforesaid. In no event shall Landlord ever be liable for consequential damages.
Appears in 1 contract
Inability to Perform. (aSubject to the Landlord's obligation pursuant to Section 2(b) Ifhereof, if, by reason of the occurrence strikes or other labor disputes, fires or other casualty (or reasonable delays in adjustment of unavoidable delays due to acts insurance), accidents, orders or regulations of Godany Federal, governmental restrictionsState, strikesCounty or Municipal authority, labor disturbances, shortages of materials or supplies or for any other cause beyond Landlord's reasonable control, whether or event of a like not such other cause shall be similar in nature not attributable to the negligence or fault of the Landlordthose hereinbefore enumerated, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements improvements, whether or not required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s 's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) If, by reason nor shall any such delay or inability to perform on the part of Landlord in any way affect this Lease and the obligation of Tenant to pay rent hereunder and to perform all of the occurrence other covenants and agreements to be performed by Tenant hereunder. If the Landlord fails to take reasonable steps within three (3) days of unavoidable delays due to acts notice of God, governmental restrictions, strikes, labor disturbances, shortages such interruption of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenantservice, Tenant is delayed in performing work may undertake to restore such services and shall submit to Landlord any reasonable out-of-pocket expenses for such restoration and may take a credit for such expenses against the next monthly installment of rent or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordadditional rent.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Inability to Perform. (a) If, by reason This Lease and the obligation of Lessee to pay Rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required Lessee to be performed shall in no way be affected, impaired or made under this Leaseexcused nor shall it be deemed an eviction or disturbance of Lessee's use and possession, or nor render Lessor liable for damages because Lessor is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon Landlord repairs, additions, alterations or its agents decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Lessor is prevented or delayed from so doing by reason of inconvenience strike or annoyance to Tenantlabor troubles or any cause beyond Lessor's reasonable control including, but not limited to, governmental preemption in connection with a national emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s business, any department or otherwisesubdivision thereof of any government agency or by reason of the conditions of supply which have been or are affected by war or national emergency.
(b) If, by reason of Notwithstanding the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the foregoing provisions of this Section 33 shall not operate to excuse either party 23, upon any interruption of the services provided in Section 5 hereof, except interruption arising from the prompt payment negligent or more culpable act of Lessee or its employees and agents resulting in a loss not insurable by Lessor in accordance with Section 10 hereof, which materially interferes with Lessee's use of the Demised Premises for a period of five (5) continuous business days, then, from and after the date of such failure and until the obligations are performed or cured by Lessor, Rent shall xxxxx according to the portion of the Demised Premises which are rendered unusable and shall completely xxxxx if Lessee is unable to continue the operation of its business in the Demised Premises in essentially the manner said business was conducted prior to the date of the failure or any other payments required by the terms interruption of this Leaseservices.
Appears in 1 contract
Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no manner be affected impaired, or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the occurrence condition of unavoidable delays supply and demand which have been or are affected by war or other emergency. Notwithstanding anything contained in this Lease to the contrary, if due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials any work or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished installation performed by Landlord under the provisions of this Lease or failure by Landlord to perform its obligations under the Lease, or is Tenant shall be unable for at least ten (10) consecutive business days to perform or make or is delayed operate its business in performing or making any installations, decorations, repairs, alterations, additions or improvements required the Demised Premises in substantially the same manner as such business was operated prior to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act installation or such failure and Tenant notifies Landlord of such interruption, the Fixed Rent and the Additional Rent shall be excused for reduced on a per diem basis in the period proportion in which the area of the unavoidable delay and part of the Demised Premises which is unusable bears to the total area of the Demised Premises for each day subsequent to the day Tenant notifies Landlord of the aforesaid ten (10) consecutive business day period for that such portion of the performance of any such work Demised Premises remains unusable. Notwithstanding anything to the contrary contained herein, if Landlord is delayed or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant prevented from performing any of its obligations under this Lease, or impose any liability upon Landlord or its agents hereunder by reason of inconvenience or annoyance to Tenantforce majeure (as said term is hereinafter defined), or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable such delay and the period for the performance or of any such work or act prevention shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained added to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.time herein provided within
Appears in 1 contract
Inability to Perform. (a) IfSection 25.1. This Real Estate Sublease and the obligation of Subtenant to pay the Rental hereunder and perform or cause to be performed, by reason all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required Subtenant to be performed or made under this Leasecause to be performed, shall in no way be affected, impaired or excused because Sublandlord is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseReal Estate Sublease expressly or impliedly to be performed by Sublandlord or because Sublandlord is unable to make, or impose cause to be made, or is delayed in making or causing to be made, any liability upon Landlord repairs, additions, alterations, improvements or its agents is unable to supply, or cause to be supplied, or is delayed in supplying, or causing to be supplied, any equipment or fixtures, if Sublandlord is prevented or delayed from so doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or by accident, or injury to by any cause whatsoever beyond Sublandlord’s control, including, but not limited to, laws, governmental preemption in connection with a national emergency or interruption by reason of Tenant’s businessany Requirements of any Governmental Authority or by reason of failure of the HVAC, electrical, plumbing, or otherwise.
(b) Ifother Building Systems in the Building, or by reason of the occurrence conditions of unavoidable delays due to acts of Godsupply and demand which have been or are affected by war or other emergency (“Unavoidable Delays”). Notwithstanding the foregoing, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for if during any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or time period Sublandlord is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultfulfill, or entitle or relieve Tenant from cause to be fulfilled, any of its obligations under this LeaseReal Estate Sublease as aforesaid, Subtenant shall, by reason thereof, be unable to perform, or impose shall be prevented from performing, any liability upon Tenant covenant or agreement on its agents part to be performed, such nonperformance shall not be deemed a default by Subtenant or a Sublandlord Termination Event under this Real Estate Sublease.
Section 25.2. This Real Estate Sublease and the obligation of Sublandlord to perform or cause to be performed, all of the covenants and agreements hereunder on the part of Sublandlord to be performed or caused to be performed shall in no way be affected, impaired or excused because Subtenant is unable to fulfill or cause to be fulfilled any of its obligations under this Real Estate Sublease expressly or impliedly to be performed by Subtenant because Subtenant is prevented or delayed from doing so by reason of inconvenience Unavoidable Delays. Notwithstanding the foregoing, if during any time period Subtenant is unable to fulfill or annoyance cause to Landlord.
(c) Notwithstanding anything herein contained be fulfilled any of its obligations under this Real Estate Sublease as aforesaid and Sublandlord shall, by reason thereof, be unable to the contraryperform or cause to be performed, the provisions of this Section 33 or shall be prevented from performing or causing to be performed, any covenant or agreement on its part to be performed or caused to be performed, such nonperformance shall not operate to excuse either party from the prompt payment of the Rent or any other payments required be deemed a default by the terms of Sublandlord under this LeaseReal Estate Sublease.
Appears in 1 contract
Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no manner be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the occurrence condition of unavoidable delays supply and demand which have been or are affected by war or other emergency. Subject to the "force majeure" provision below, if due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials any work or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished installation performed by Landlord under the provisions of this Lease or failure by Landlord to perform its obligations under the Lease, or is (i) Tenant shall be unable for at least ten (10) consecutive business days to perform or make or is delayed operate its business in performing or making any installations, decorations, repairs, alterations, additions or improvements required the Demised Premises in substantially the same manner as such business was operated prior to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act installation or such failure, and (ii) such interruption shall occur during business hours, the Fixed Rent and the Additional Rent shall be excused for reduced on a per diem basis in the period proportion in which the area of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason part of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Demised Premises which is unusable bears to the negligence or fault total area of the Tenant, Tenant is delayed in performing work or doing any act required under Demised Premises for each day subsequent to the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of aforesaid ten (10) consecutive business day period that such work or act shall be excused for the period portion of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to LandlordDemised Premises remains unusable.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Office Lease (Fusion Telecommunications International Inc)
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Landlord's reasonable control, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is unable to perform or make make, or is delayed in performing or making making, any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill fulfill, or is delayed in fulfilling fulfilling, any of Landlord’s 's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) . If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Tenant’s reasonable control, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other perform its obligations under this LeaseLease (other than Tenant’s obligations to pay rent hereunder), then Tenant shall be excused from the performance of such work or act shall be excused obligations for the period of the unavoidable any delay and the period for the performance of caused by any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordevent.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease (Talk America Holdings Inc)
Inability to Perform. (a) IfEXCULPATORY CLAUSE Except as provided in Article 4.1, by reason 4.2, 8.8-10 and 15.6-18 hereof, this Lease and the obligations of Tenant to pay rent hereunder and perform all the occurrence other covenants, agreements, terms, provisions and conditions hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacement, additions, alterations, improvements or impose decorations or is unable to supply or is delayed in supplying any liability upon equipment or fixtures if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or any other similar or dissimilar cause whatsoever beyond Landlord's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s business, any department or otherwise.
(b) If, subdivision thereof of any governmental agency or by reason of the occurrence conditions of unavoidable delays supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Except with respect to Tenant's obligations to pay rental and other sums due under this Lease, the obligations of Landlord to acts perform all the other covenants, agreements, terms, provisions and conditions hereunder on the part of GodLandlord to be performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, excused because Tenant is delayed in performing work or doing unable to fulfill any act required of its obligations under the terms of this Lease or is unable to fulfill supply or is delayed in fulfilling supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment of Tenant’s other obligations under this Lease, then the performance of such work fixtures if Tenant is prevented or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant delayed from any of its obligations under this Lease, or impose any liability upon Tenant or its agents so doing by reason of inconvenience strikes or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent labor troubles or any other payments required similar or dissimilar cause whatsoever beyond Tenant's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the terms conditions of this Leasesupply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Tenant to perform, Tenant shall exercise reasonable diligence to eliminate the cause of such inability to perform.
Appears in 1 contract
Inability to Perform. EXCULPATORY CLAUSE
(a) IfExcept as provided in Article 4.1 and 4.2 hereof, by reason this Lease and the obligations of Tenant to pay rent hereunder and perform all the occurrence other covenants, agreements, terms, provisions and conditions hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or impose decorations or is unable to supply or is delayed in supplying any liability upon equipment or fixtures if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strikes or annoyance labor troubles or any other similar or dissimilar cause whatsoever beyond Landlord's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord to Tenantperform, or injury Landlord shall exercise reasonable diligence to or interruption eliminate the cause of Tenant’s business, or otherwisesuch inability to perform.
(b) IfTenant shall neither assert nor seek to enforce any claim against Landlord, by reason or Landlord's agents or employees, or the assets of the occurrence Landlord or of unavoidable delays due to acts of GodLandlord's agents or employees, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms breach of this Lease or is unable otherwise, other than against Landlord's interest in the Building of which the premises are a part and the Land, in the uncollected rents, issues and profits thereof, and against any liability insurance coverage maintained by Landlord, and Tenant agrees to fulfill or is delayed in fulfilling look solely to such interest and insurance coverage for the satisfaction of any liability of Tenant’s other obligations Landlord under this Lease, then the performance of such work it being specifically agreed that in no event shall Landlord or act shall be excused for the period Landlord's agents or employees (or any of the unavoidable delay officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives, and the period like, disclosed or undisclosed, thereof) ever be personally liable for the performance of any such work liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or act to take any other action which shall be extended for an equivalent periodnot involve the personal liability of Landlord to respond in monetary damages from Landlord's assets other than the Landlord's interest in said real estate, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordas aforesaid.
(c) Notwithstanding anything herein contained In no event shall Landlord or Landlord's agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be liable for consequential or incidental damages. Without limiting the foregoing, in no event shall Landlord or Landlord's agents or employees (or any, of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be liable for lost profits of Tenant. If by reason of Landlord's failure to acquire title to the contrary, real property of which the provisions of this Section 33 shall not operate premises are a part or to excuse either party from the prompt payment complete construction of the Rent Building or any other payments required by the terms premises, Landlord shall be held to be in breach of this Lease, Tenant's sole and exclusive remedy shall be a right to terminate this Lease.
(d) Except as provided in the last paragraph of Article 22, in no event shall Tenant or Tenant's agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be liable for consequential or incidental damages.
Appears in 1 contract
Samples: Lease Agreement (Edocs Inc)
Inability to Perform. (a) If, by reason of (1) strike, (2) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency, or an act of god (each, a "Force Majeure Event"), Landlord (i) shall be unable to provide the occurrence services it is obligated to provide Tenant in accordance with Article 21 of unavoidable delays due this Lease, (ii) Tenant is unable to acts of Goduse or occupy the entire Premises, governmental restrictions, strikes, labor disturbances, shortages of materials (iii) Tenant does not use or supplies or for occupy any other cause or event of a like nature not attributable to the negligence or fault portion of the Landlord, Premises and (iv) Landlord is unable to furnish or restore and has not commenced the restoration of the services it is delayed obligated to provide Tenant in furnishing any utility or service required accordance with Article 21 of this Lease after the tenth (10th) business day after the Force Majeure Event occurs, Tenant's obligation to pay fixed annual rent hereunder shall be abated beginning on the eleventh (11th) business day after the Force Majeure Event occurs and shall end on the date the services Landlord is obligated to provide Tenant in accordance with Article 21 of this Lease are restored (Tenant shall continue to be furnished by obligated to pay fixed annual rent through the tenth (10th) business day after the Force Majeure Event occurs), provided further, however, that as soon as Tenant shall learn of the happening of the Force Majeure Event, Tenant shall promptly notify Landlord under of such event and, if ascertainable, its estimated duration. Except as otherwise provided in this Article 32, this Lease and the provisions obligation of this Lease, or is unable Tenant to pay rent hereunder and to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required all of the other covenants and agreements hereunder on the part of Tenant to be performed shall in no way be affected, impaired or made under this Lease, or excused because Landlord is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, Lease or impose any liability upon Landlord to supply or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work supplying any service expressly or doing any act required under the terms of this Lease impliedly to be supplied or is unable to fulfill make, or is delayed in fulfilling making any of Tenant’s other obligations under this Leaserepair, then the performance of such work additions, alterations or act shall be excused for the period of the unavoidable delay and the period for the performance of decorations or is unable to supply or is delayed in supplying any such work equipment or act shall be extended for an equivalent period, and no such inability fixtures if Landlord is prevented or delay shall constitute a default, or entitle or relieve Tenant delayed from any of its obligations under this Lease, or impose any liability upon Tenant or its agents so doing by reason of inconvenience or annoyance to Landlorda Force Majeure Event.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Inability to Perform. (a) If, by reason This Lease and the obligation of Tenant to pay rent hereunder and perform all of the occurrence other covenants and agreements hereunder on part of unavoidable delays due Tenant to acts of Godbe performed shall in no manner be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Leaselease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strike or annoyance to Tenantlabor troubles or any cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s business, any department or otherwise.
(b) If, subdivision thereof of any government agency or by reason of the occurrence condition of unavoidable delays supply and demand which have been or are affected by war or other emergency. Notwithstanding any other provision of this lease, in the event that substantially all of the Demised Premises shall become unusable or untenantable by Tenant due to acts the performance by Landlord of Godrepairs, governmental restrictionsadditions, strikesalterations, labor disturbancesreplacements, shortages decorations or improvements or due to interruption of materials services provided by Landlord or supplies or for any other cause or event of a like nature not attributable Landlord's failure to provide access to the negligence Demised Premises required to be provided to Tenant under this lease and not due to any act or fault omission of Tenant or Tenant's employees, agents, contractors or licensees (the "Affected Space"), which condition (an "Interruption Condition") shall continue for a period of ten (10) consecutive business days after Tenant shall have notified Landlord of the same, and Tenant shall not actually use or occupy the Affected Space during such period, then Tenant shall be entitled be entitled to abatx xxx payment of Basic Annual Rent and Additional Rent with respect to the Affected Space to the extent not actually used or occupied by Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations if applicable, due under this Lease, then the performance of such work or act shall be excused lease for the period commencing on the eleventh (11th) business day of the unavoidable delay existence of such condition and ending on the period date which condition no longer exists. Tenant agrees that other than as specifically provided for in this paragraph, Tenant's sole remedy at law in connection with an interruption of services to or access to the performance of any such work or act Demised Premises shall be extended by way of an action for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any damages for breach of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordcontract.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Office Lease (PLD Telekom Inc)
Inability to Perform. (a) IfExcept as otherwise expressly set forth in the Lease, this Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no manner be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever beyond Landlord's reasonable control including, but not limited to, government preemption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the occurrence condition of unavoidable delays supply and demand which have been or are affected by war or other emergency. Notwithstanding anything contained in this Lease to the contrary, if due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials any work or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished installation performed by Landlord under the provisions of this Lease or failure by Landlord to perform its obligations under the Lease, or is (i) Tenant shall be unable for at least seven (7) consecutive business days to perform or make or is delayed operate its business in performing or making any installations, decorations, repairs, alterations, additions or improvements required the Demised Premises in substantially the same manner as such business was operated prior to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act installation or such failure, and (ii) such interruption shall occur during business hours, the Fixed Rent and the Additional Rent shall be excused for reduced on a per diem basis in the period proportion in which the area of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason part of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Demised Premises which is unusable bears to the negligence or fault total area of the Tenant, Tenant is delayed in performing work or doing any act required under Demised Premises for each day subsequent to the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of aforesaid seven (7) consecutive business day period that such work or act shall be excused for the period portion of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to LandlordDemised Premises remains unusable.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Office Lease (Intira Corp)
Inability to Perform. (a) If, by reason This Lease and the obligation of Tenant to pay rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required Tenant to be performed shall in no wise be affected, impaired or made under this Lease, or excused because Owner is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Leaselease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon Landlord repair, additions, alterations or its agents decorations or is unable to supply or is delayed in supplying any equipment, fixtures or other materials if Owner is prevented or delayed from so doing by reason of inconvenience strike or annoyance to Tenantlabor troubles or any cause whatsoever including, but not limited to, government preemption or injury to restrictions or interruption by reason of Tenant’s businessany rule, order or otherwise.
(b) If, regulation of any department or subdivision thereof or any government agency or by reason of the occurrence conditions which have been or are affected, either directly or indirectly, by war or other emergency. Bills and Notices: 28. (See Article 47 of unavoidable delays due to acts of GodRider). Services Provided by Owners: 29. Water for ordinary lavatory purposes, governmental restrictions, strikes, labor disturbances, shortages of materials but if Tenant uses or supplies or consumes water for any other cause purposes or event in unusual quantities (of which fact Owner shall be the sole judge), Owner may install a like nature not attributable water meter at Tenant's expense which Tenant shall thereafter maintain at Tenant's expense in good working order and repair to register such water consumption and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the negligence or fault demised premises on business days as set forth in Schedule E at Owner's expense provided that the same are kept in order by Tenant. Owner reserves the right to stop services of the Tenantheating, Tenant is delayed in performing work elevators, plumbing, air-conditioning, electric, power systems or doing any act required under the terms of this Lease cleaning or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Leaseservices, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent periodif any, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents when necessary by reason of inconvenience accident or annoyance to Landlord.
(c) Notwithstanding anything herein contained to for repairs, alterations, replacements or improvements necessary or desirable in the contrary, the provisions judgment of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments Owner for as long as may be reasonably required by reason thereof. The same shall be done with a minimum of inconvenience to Tenant and Owner shall pursue the terms of this Leaserepairs, alterations, replacements or improvements with due diligence.
Appears in 1 contract
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable EXCULPATORY CLAUSE Except as otherwise specifically provided herein to the negligence contrary, this Lease and the obligations of Tenant to pay rent hereunder and perform all the other covenants, agreements, terms, provisions and conditions hereunder on the part of Tenant to be performed shall in no way be affected, impaired or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill supply or is delayed in fulfilling supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of strikes or labor troubles or any other similar or dissimilar cause whatsoever beyond Landlord's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant acknowledges that Landlord shall have the right to transfer all or any portion of its interest in the Building and to assign this Lease to the transferee. Tenant agrees that in the event of such a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of its security deposit. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the goods, wares, merchandise or other property of Tenant’s , Tenant's employees, invitees, customers, or any other obligations person in or about the Building, whether such damage or injury is caused by or results from any cause whatsoever including, but not limited to, theft, criminal activity at the Building, negligent security measures, bombings or bomb scares, hazardous waste, fire, steam, electricity, gas, water or rain, breakage of pipes, sprinklers, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Building, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of the damage or injury arises out of Landlord's or its employees or agents negligent or intentional acts. Tenant assumes full responsibility for protecting its space from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, occupant or user of the Building, nor from the failure of Landlord to enforce the provisions of the lease of any other tenant of the Building. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to property of Tenant, in, upon or about the Building arising from any cause, including Landlord's negligence or the negligence of its agents, partners or employees, and Tenant hereby waives all claims in respect thereof against Landlord, its agents, partners and employees. Tenant shall neither assert nor seek to enforce any claim against Landlord, or Landlord's agents or employees, or the assets of Landlord or of Landlord's agents or employees, for breach of this Lease or otherwise, other than against Landlord's interest in the Building of which the Premises are a part and, in any event, Tenant's rights shall be subject to the rights of any lender holding a mortgage or deed of trust encumbering all or part of the Building, Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, then the performance of such work it being specifically agreed that in no event shall Landlord, or act shall be excused for the period Landlord's agents or employees (or any of the unavoidable delay officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives, and the period like, disclosed or undisclosed, thereof) ever be personally liable for the performance of any such work liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or act to take any other action which shall not involve the personal liability of Landlord to respond in monetary damages from Landlord's assets other than the Landlord's interest in said real estate, as aforesaid. In no event shall Landlord or Landlord's agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be extended liable for an equivalent periodloss of profits, and no such inability or delay shall constitute a defaultloss of the value of Tenant's business, or entitle consequential or relieve Tenant from incidental damages. Without limiting the foregoing, in no event shall Landlord or Landlord's agents or employees (or any of its obligations under this Leasethe officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or impose any liability upon Tenant other principals or its agents by reason representatives and the like, disclosed or undisclosed, thereof) ever be liable for lost profits of inconvenience or annoyance to LandlordTenant.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cambex Corp)
Inability to Perform. (a) IfSection 25.1. This Real Estate Lease and the obligation of Tenant to pay the Rental hereunder and perform, by reason or cause to be performed, all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed, governmental restrictionsor cause to be performed, strikesshall in no way be affected, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseReal Estate Lease expressly or impliedly to be performed, or impose any liability upon cause to be performed, by Landlord or its agents because Landlord is unable to make, or cause to be made, or is delayed in making, or cause to be made, any repairs, additions, alterations, improvements or is unable to supply, or cause to be supplied, or is delayed in supplying, or in causing to be supplied, any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or by accident, or injury to by any cause whatsoever beyond Landlord’s control, including, but not limited to, laws, governmental preemption in connection with a national emergency or interruption by reason of Tenant’s businessany Requirements of any Governmental Authority or by reason of failure of the HVAC, electrical, plumbing, or otherwise.
(b) Ifother Building Systems in the Building, or by reason of the occurrence conditions of unavoidable delays due to acts of Godsupply and demand which have been or are affected by war or other emergency (“Unavoidable Delays”). Notwithstanding the foregoing, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for if during any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or time period Landlord is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultfulfill, or entitle or relieve Tenant from cause to be fulfilled, any of its obligations under this LeaseReal Estate Lease as aforesaid, Tenant shall, by reason thereof, be unable to perform, or impose shall be prevented from performing, any liability upon covenant or agreement on its part to be performed, such nonperformance shall not be deemed a default by Tenant or a Landlord Termination Event under this Real Estate Lease.
Section 25.2. This Real Estate Lease and the obligation of Landlord to perform or cause to be performed all of the covenants and agreements hereunder on the part of Landlord to be performed or caused to be performed shall in no way be affected, impaired or excused because Tenant is unable to fulfill or cause to be fulfilled any of its agents obligations under this Real Estate Lease expressly or impliedly to be performed by Tenant because Tenant is prevented or delayed from doing so by reason of inconvenience Unavoidable Delays. Notwithstanding the foregoing, if during any time period Tenant is unable to fulfill or annoyance cause to Landlord.
(c) Notwithstanding anything herein contained be fulfilled any of its obligations under this Real Estate Lease as aforesaid and Landlord shall, by reason thereof, be unable to the contraryperform or cause to be performed, the provisions of this Section 33 or shall be prevented from performing or causing to be performed, any covenant or agreement on its part to be performed or caused to be performed, such nonperformance shall not operate to excuse either party from the prompt payment of the Rent be deemed a default by Landlord or any other payments required by the terms of a Tenant Termination Event under this Real Estate Lease.
Appears in 1 contract
Inability to Perform. (a) IfA. It is expressly understood that no inability or delay in either the performance of obligations or the supply of services on the part of Owner to be performed and/or supplied in this Lease provided, by reason as the case may be, which is due to any of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials reasons set forth in Article 27 hereof or supplies or for any other cause reason beyond Owner's reasonable control, shall constitute a constructive eviction, and that Owner shall not be liable to Tenant in damages, nor shall Tenant be entitled to make any claims for or be entitled to any abatement in the payment of Fixed Rent or additional rent hereunder, in the event of a like nature not attributable to such inability or delay.
B. Notwithstanding the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the foregoing provisions of this LeaseArticle 45, or is unable to perform or if (1) Owner shall make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required in or to be performed the Building (or made under any portion thereof) including those referred to in Articles 4 and 20 of this Lease, or is unable to fulfill the demised premises, or is delayed in fulfilling any of Landlord’s other obligations under this Leaseto the fixtures, then the performance of such work appurtenances or act equipment thereof, or if Owner shall be excused for required to interrupt the period furnishing or supply of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle services to Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents (a) when necessary by reason of inconvenience accident, emergency, or annoyance for repairs, or by reason of legal requirements or insurance requirements or any compliance therewith, or (b) as a result of additions, alterations, replacements, decorations or improvements to the Building or to the demised premises which in the judgement of Owner are desirable or necessary to be made, and/or (2) Owner shall fail to perform or to make those necessary repairs or alterations to the Building, the Building's Systems, or to the demised premises, which Owner is obligated to perform, make or maintain as in Articles 4 and 13 of this Lease provided, and which Tenant is not obligated to perform, maintain and/or make as in this Lease provided, and such repairs, alterations, additions, improvements, or such interruption of such services to Tenant, or injury failure on the part of Owner to perform or make such necessary repairs or alterations, as aforesaid, as the case may be, shall result in a substantial and material interruption of Tenant’s business's business at the demised premises, as provided herein, Owner hereby agrees that if the circumstances described in either subdivisions (1) or otherwise.
(b2) Ifof this Section B shall result in a substantial and material interruption of Tenant's business (as reasonably determined by Owner and Tenant) for a period in excess of ten (10) business days from and after the giving of notice by Tenant to Owner of such interruption, by reason then, from and after said ten (10) business day period, Fixed Rent shall xxxxx in proportion to the substantiality and materiality of the occurrence interruption (as reasonably determined by Owner and Tenant) until such time as Tenant's business is no longer substantially and materially interrupted as a result of unavoidable delays due such circumstances (as reasonably determined by Owner and Tenant). In the event that Owner and Tenant are unable to acts mutually agree within a reasonable period of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable time on their reasonable determination as to the negligence or fault substantiality and materiality of any of the Tenant, Tenant is delayed foregoing matters referred to above in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of Section 45 B (where such work or act mutual reasonable determination shall be excused for required as hereinabove provided), either party shall have the period of the unavoidable delay and the period for the performance of any such work right to refer their dispute or act shall be extended for an equivalent perioddisagreement, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained as to the contrarymatter in question, to resolution by arbitration in accordance with the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms Article 54 of this Lease.
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Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, If Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of Article 17 or of any other Article of this LeaseLease or of any collateral instrument, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements improvements, whether required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rental Monthly Base Rental or other charges due hereunder Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, Tenant or by reason of injury to or interruption of Tenant’s business, or otherwise.
(b) If; provided, by reason of however if such inability or occurrence renders the occurrence of unavoidable delays due to acts of GodPremises unusable, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature was not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any result of Tenant’s other obligations under this Leasenegligent act or intentional misconduct, then and is not remedied within 30 days from the performance date of such work the inability or act occurrence, Tenant’s Monthly Base Rental shall thereafter be excused abated to the extent and for the period of time that the unavoidable delay Premises continue to be unusable. Tenant hereby waives and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of releases its obligations right to terminate this Lease under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(cSection 1932(1) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent California Civil Code or under any other payments required by the terms of this Leasesimilar law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Molina Healthcare Inc)
Inability to Perform. (a) IfExcept as otherwise provided in Section 31.03 hereof, if by reason of (1) strike, (2) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency, or (6) any cause beyond the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault reasonable control of the Landlordparty whose performance of an obligation hereunder is required, Landlord is unable to furnish or is delayed in furnishing any utility or service required to such party shall be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other its obligations under this Lease, then the performance of such work or act Lease (except nothing herein contained shall be excused for the period of the unavoidable delay and the period for the performance of in any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder way ever release or relieve Tenant from any obligation to pay basic annual rent, additional rent, including, without limitation, Special Additional Rent, or any other charge payable to Landlord under this Lease on the date such payments are due nor release or relieve Landlord of any of Landlord's obligations to make any payment of money due by Landlord to Tenant under this Lease on the date such payments are due) or if Landlord shall be unable to supply any service which Landlord is obligated to supply, this Lease and Tenant's obligation to pay rent hereunder and Landlord's obligation to make any payment of money to Tenant under this Lease shall in no wise be affected, impaired or excused, provided however, that as soon as the relevant party shall learn of the happening of any of the foregoing conditions, such party shall promptly notify the other of such event and, if ascertainable, its estimated duration and will proceed promptly and diligently with the fulfillment of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwiseas soon as reasonably possible.
(b) IfThe foregoing provisions of Section 25.01 (a) notwithstanding, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or if for any other cause or event reason whatsoever, including the matters described in Article 27 of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then Landlord shall fail to provide any service required to be provided by Landlord to Tenant under this Lease and if, as a result of Landlord's failure to provide all or any of said services, the performance demised premises are rendered Wholly Untenantable or Partially Untenantable (as such terms are hereinafter defined) for more than five (5) consecutive business days after written notice of such work the existence of which condition has been given by Tenant to Landlord or act any six (6) business days in a ten (10) day period, Tenant, as its sole right and remedy, shall be excused entitled to an. abatement of basic annual rent and additional rent, but not Special Additional Rent which shall continue to be paid by Tenant on an unabated basis, (on a per square foot basis, and taking into account the different basic annual rent per square foot for the period various portions of the unavoidable delay demised premises) for each day after said five (5) day period or the seventh (7th) day in any ten (10) day period until the demised premises or the applicable portion thereof cease to be Wholly Untenantable or Partially Untenantable, as the case may be, and Landlord shall pay to Tenant, if the period portion of the demised premises which is Wholly Untenantable or Partially Untenantable is then subject to payments in lieu of real estate taxes, the amount of the payments in lieu of real estate taxes attributable to such portion of the demised premises payable for the performance Abatement Period. For the purposes of any such work or act this Article 25, "Wholly Untenantable" shall be extended for an equivalent periodmean that Tenant, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained due to the contrary, cessation of one or more of the provisions services set forth in the first sentence of this Section 33 shall not operate 25.01(b), is actually unable to excuse either party from use the prompt payment entire demised premises in the normal course of its business and that Tenant, due to the cessation of one or more of the Rent or any other payments required by services set forth in the terms of this Lease.first sentence of
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Inability to Perform. Section 26.1. Except as expressly provided to the contrary in this Lease (a) Ifincluding, by reason without limitation, pursuant to Articles 13 and 14), this Lease and the obligation of Tenant to pay Rental hereunder and to perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish fulfill any of Landlord’s obligations under this Lease, expressly or implicitly to be performed by Landlord, or because Landlord is unable to make or is delayed in furnishing making any utility repairs, additions, alterations, improvements or service required to be furnished by Landlord under the provisions of this Leasedecorations, or is unable to perform or make supply or is delayed in supplying any services, equipment or fixtures, if Landlord is prevented from or delayed in so doing by reason of acts of God, casualty, strikes or labor troubles, accident, acts of war, terrorism, bioterrorism (i.e., the release or threatened release of an airborne agent that may adversely affect the Building or its occupants), governmental preemption in connection with an emergency, Laws, conditions of supply and demand which have been or are affected by war, terrorism, bioterrorism or other emergency, or any other cause whatsoever, whether similar or dissimilar to the foregoing, beyond Landlord’s reasonable control (“Unavoidable Landlord Delays”). The inability of Landlord to pay for goods and services or to meet its debts shall not excuse Landlord from performing or making any installations, decorations, repairs, alterations, additions or improvements required its obligations under this Lease and shall not constitute Unavoidable Landlord Delays.
Section 26.2. This Lease and the obligation of Landlord to perform all of its covenants and agreements hereunder on the part of Landlord to be performed shall in no way be affected, impaired or made under this Lease, or excused because Tenant is unable to fulfill or is delayed in fulfilling any of LandlordTenant’s other obligations under this Lease, then the performance of such work expressly or act shall implicitly to be excused performed by Tenant, except for the period of the unavoidable delay and the period for the performance payment of any such work Rental, if Tenant is prevented from or act shall be extended for delayed in so doing by reason of acts of God, casualty, strikes or labor troubles, accident, acts of war, terrorism, bioterrorism (as described above), governmental preemption in connection with an equivalent periodemergency, Laws, conditions of supply and no such demand which have been or are affected by war, terrorism, bioterrorism or other emergency or any other cause whatsoever, whether similar or dissimilar to the foregoing, beyond Tenant’s reasonable control (“Unavoidable Tenant Delays”). The inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle of Tenant to any abatement pay for goods or diminution of rental services or other charges due hereunder or relieve to meet its debts shall not excuse Tenant from performing its obligations under this Lease and shall not constitute Unavoidable Tenant Delays.
Section 26.3. Landlord and Tenant shall each promptly notify the other party of any Unavoidable Delay which prevents the notifying party from fulfilling any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance Lease and shall act diligently to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of perform its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to LandlordLease in a timely manner after the Unavoidable Delay no longer exists.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
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Inability to Perform. (a) Section 26.01. If, by reason of the occurrence strikes or other labor disputes, fire or other casualty (or reasonable delays in adjustment of unavoidable delays due to acts insurance), accidents, any Legal Requirements, any orders of God, governmental restrictions, strikes, labor disturbances, shortages of materials any Governmental Authority or supplies or for any other cause beyond Owner's reasonable control (excluding inability to pay), whether or event of not such other cause shall be similar in nature to those hereinbefore enumerated (and any such cause is herein referred to individually and collectively as a like nature not attributable to the negligence or fault of the Landlord"Force Majeure Event"), Landlord Owner is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord Owner under the provisions of Article 29, Addendum A or any other Article of this LeaseLease or any collateral instrument (with the exception of any obligation on Owner's part to pay any sum of money, which monetary obligation shall remain unaffected by the provisions of this Section), or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements improvements, whether or not required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s Owner's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction eviction, in whole or in part, or or, except as otherwise specifically provided in this Lease, entitle Tenant to any abatement or diminution of rental or other charges due hereunder rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise. Owner shall employ reasonable diligence to attempt to eliminate the cause of any inability or delay referred to in this Section; however, it is understood and agreed that (i) the foregoing provisions of this sentence shall not apply in the event of any strike or labor dispute as long as Owner shall have taken all actions that owners of other class A headquarters office buildings in midtown Manhattan would take in similar situations to eliminate the cause of such inability or delay, and (ii) Owner shall not be required to employ labor at overtime or any other premium pay rates (unless otherwise specifically required to do so elsewhere in this Lease), except that Owner shall employ labor at such overtime or other premium pay rates in cases where there is, or there is reasonably likely to be, a material 109 interference with the conduct of Tenant's normal business operations or the health or safety of any occupants of the Demised Premises is, or is reasonably likely to be, adversely affected.
(b) Section 26.02. If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the TenantForce Majeure Event, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other 's obligations under this Lease, then Lease or any collateral instrument (with the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance exception of any such work or act obligation on Tenant's part to pay any sum of money, which monetary obligation shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents remain unaffected by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 Section), Tenant shall not operate be required to excuse either party from fulfill such non-monetary obligation during the prompt payment period that Tenant is so unable to fulfill them by reason of such Force Majeure Event. Tenant shall employ reasonable diligence to attempt to eliminate the Rent cause of any inability or delay referred to in this Section; however, it is understood and agreed that (i) the foregoing provisions of this sentence shall not apply in the event of any strike or labor dispute as long as Tenant shall have taken all actions that similar tenants of similar space in other class A headquarters office buildings in midtown Manhattan would take in similar situations to eliminate the cause of such inability or delay, and (ii) Tenant shall not be required to employ labor at overtime or any other payments required by premium pay rates, except that Tenant shall employ labor at such overtime or other premium rates in cases where the terms health or safety of this Lease.any occupants of the Demised Premises is, or is reasonably likely to be, adversely affected. 110
Appears in 1 contract
Samples: Sub Sublease Agreement (Eyetech Pharmaceuticals Inc)
Inability to Perform. (a) IfExcept as hereinafter otherwise provided, by reason if Landlord is prevented or delayed in performing or complying with any of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials covenants or supplies or for any other cause or event of a like nature not attributable to provisions hereunder on the negligence or fault part of the LandlordLandlord to be performed or complied with, or if Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply, or impose is delayed in supplying, any liability upon Landlord service expressly or its agents by reason of inconvenience impliedly to be supplied or annoyance is unable to Tenantmake, or injury to or interruption of Tenant’s businessis delayed in making any repair, additions, alterations, or otherwise.
(b) Ifdecorations or is unable to supply or is delayed in supplying any equipment or fixtures, by reason of the occurrence of unavoidable delays due to actual or purported acts of Godterrorism or by reason of strike or labor troubles, including, but not limited to, governmental restrictions, strikes, labor disturbances, shortages of materials preemption in connection with a National Emergency or supplies or for any other cause or event by reason of a like nature not attributable change subsequent to the negligence date of this Lease, in any rule, order, or fault regulation of any department or subdivision thereof or any government agency or by reason of the Tenantconditions of supply and demand which have been or are affected by way of other emergency, Tenant is delayed in performing work or doing any act required under the terms of this Lease and the obligations of Tenant to pay rent or additional rent hereunder and perform and comply with all of the other covenants and agreements hereunder on the part of the Tenant to be performed and complied with shall in no wise be affected, impaired, or excused, because of Landlord's delay or failure to perform or comply with any of the covenants or provisions hereunder on the part of the Landlord to be performed or complied with, nor because Landlord is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this LeaseLease or to supply or is delayed in supplying, any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon Tenant repair, additions, alternations, or its agents by reason of inconvenience decorations or annoyance is unable to Landlordsupply or is delayed in supplying any equipment or fixtures.
(cb) Notwithstanding anything herein contained Should any Landlord-provided services (including the utilities described in Section 8 above) be interrupted or terminated for any of the foregoing reasons or as a result of Landlord's negligence (a "Service Interruption") and such Service Interruption continues for a period of three (3) or more consecutive business days after Tenant delivers written notice to Landlord of such Service Interruption, then all rent shall abate as to those portions of the Demised Premises rendered untenantxxxx from and including the first (1st) business day after Landlord's receipt of such written notice from Tenant and such abatement shall continue until such service is restored. In addition to the contraryforegoing, the provisions if a Service Interruption occurs and continues for a period in excess of thirty (30) consecutive days, Tenant, at its option, shall be entitled to terminate this Section 33 shall not operate to excuse either party from the prompt payment Lease by providing Landlord written notice of the Rent or any other payments required by the terms of this Leasesuch termination.
Appears in 1 contract
Inability to Perform. If the performance or observance by Landlord or Tenant of any of the terms, covenants and conditions of this Lease on the part of Landlord or Tenant to be performed shall be delayed by reason of unavoidable delays (as hereinafter defined), then the time for the performance or observance thereof shall be extended for the period of time as Landlord or Tenant shall have been so delayed, provided Tenant shall continue, notwithstanding unavoidable delays, to be obligated to pay minimum rent and additional rent without abatement. Notwithstanding anything to the contrary contained in this Lease, if Landlord shall fail to provide services or perform work or repairs, as provided in this Lease (collectively, an "Interruption"), and such Interruption shall materially impair the customary operation of Tenant's business in all or any part of the Demised Premises (other than a de minimis part), and if (i) such Interruption shall continue for a period in excess of thirty (30) consecutive days following receipt by Landlord of notice from Tenant describing such Interruption and (ii) such Interruption shall not have been caused by an act or omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors (an Interruption that satisfied all of the foregoing conditions being referred to hereinafter as a "Material Interruption"), then Tenant shall be entitled to an abatement of the minimum rent and escalation rent payable under Article 22 (such abatement to be prorated if only a part of the Demised Premises shall be so affected by such Material Interruption),which shall begin on the 31st consecutive day of such Material Interruption and shall end upon the date such Material Interruption has been terminated. The words "unavoidable delays", as used in this Lease shall mean (a) Ifthe enactment of any law or issuance of any governmental order, by reason rule or regulation (i) prohibiting or restricting performance of work of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements character required to be performed or made by Landlord under this Lease, or is unable to fulfill (ii) establishing rationing or is delayed priorities in fulfilling any the use of Landlord’s other obligations under this Leasematerials, then or (iii) restricting the performance use of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent periodlabor, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) Ifstrikes, by reason of the occurrence of unavoidable delays due to lockouts, acts of God, governmental restrictionsinability to obtain labor or materials, strikesenemy action, labor disturbancescivil commotion, shortages fire, unavoidable casualty or other similar types of materials or supplies or for any causes beyond the reasonable control of Landlord, other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordthan financial inability.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cmgi Inc)
Inability to Perform. (a) If, by reason Section 20.01. This Lease and the obligations of Tenant to pay rent hereunder and perform all of the occurrence other covenants, agreements, terms, provisions and conditions hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or because Landlord is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations or impose decorations or is unable to supply or is delayed in supplying any liability upon equipment or fixtures if Landlord is prevented or its agents delayed from doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or any other cause beyond Landlord's control, including, but not limited to, governmental preemption in connection with a national emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s business, any department or otherwise.
(b) If, subdivision thereof of any governmental agency or by reason of the occurrence conditions of unavoidable delays due supply and demand which have been or are affected by war, hostilities or other similar emergency, except as otherwise expressly provided in the Lease it being agreed that lack of funds shall not be deemed to acts be beyond Tenant's control.
Section 20.02. Notwithstanding anything else to the contrary contained in this Lease, if by reason of Godan event beyond the reasonable control of Landlord there is a failure, governmental restrictionsstoppage, strikesinterruption or suspension in the furnishing of any service which Landlord is obligated to provide pursuant to this Lease, labor disturbancesand if such failure, shortages stoppage, interruption or suspension renders any portion of materials the Premises untenantable for period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, then provided that Tenant shall not use or supplies occupy that portion of the Premises for the conduct of its business during such period of five (5) consecutive business days, the Fixed Rent and Additional Rent payable with respect to such portion (s) of the Premises shall be abated in the proportion that the tenantable rentable area of the Premises bears to the total rentable area of the Premises for each day that Tenant shall not use or occupy the Premises, or such portion thereof, for the conduct of Tenant's business during the period beginning on the sixth (6th) consecutive business day after such notice and terminating on the earlier of (a) the date that such portion of the Premises shall become tenantable again and (b) the date Tenant commences to use or occupy the Premises or such portion thereof for the conduct of Tenant's business;
Section 20.03. If Landlord shall default in providing any service or making any repairs or restorations on Landlord's part to be provided pursuant to this Lease, (a) Tenant may remedy such default for the account of Landlord, immediately and with telephonic notice in case of emergency, or in any other cause case only provided that Landlord shall fail to remedy such default after Tenant shall have notified Landlord in writing of such default and Landlord shall not have cured such default within thirty (30) days after such notice or event in the case of a like nature default which cannot attributable with due diligence be cured within a period of thirty (30) days if Landlord shall not within said thirty (30) day period have instituted steps to remedy the negligence or fault situation and thereafter diligently prosecute the same to completion; and (b) if Tenant makes any expenditures in connection with such default, such sums, with interest at the Default Rate, shall be paid by Landlord to Tenant upon rendition of a xxxx to Landlord therefor. Any dispute with respect to sums Tenant claims are owed by Landlord under this Section shall be resolved by arbitration in accordance with the provisions of Exhibit J. If Landlord shall fail to pay such sums to Tenant, in accordance with Section 2.02 Tenant is delayed in performing work or doing any act required under may offset such amount against the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations Fixed Rent and Additional Rent payable under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
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Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Landlord's reasonable control, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is unable to perform or make make, or is delayed in performing or making making, any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill fulfill, or is delayed in fulfilling fulfilling, any of Landlord’s 's other obligations under this LeaseLease or any collateral instrument, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business, or otherwise.
(b) . If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the beyond Tenant’s reasonable control, Tenant is delayed in performing work or doing any act required under the terms of this Lease or Xxxxxx is unable to fulfill or is delayed in fulfilling any of Tenant’s other perform its obligations under this LeaseLease (other than Tenant’s obligations to pay rent hereunder), then Tenant shall be excused from the performance of such work or act shall be excused obligations for the period of the unavoidable any delay and the period for the performance of caused by any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordevent.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
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Inability to Perform. (a) IfExcept as expressly provided in this Lease, by reason the obligation of Tenant to perform all of the occurrence covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts be performed, and the obligation of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Landlord to the negligence or fault perform all of the Landlordcovenants and agreements hereunder on the part of Landlord to be performed, will not be affected, impaired or excused because Landlord or Tenant, as the case may be, is unable to furnish fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant, as the case may be, or because Landlord or Tenant, as the case may be, is unable to make, or is delayed in furnishing making any utility repairs, additions, alterations, improvements or service required to be furnished by Landlord under the provisions of this Lease, decorations or is unable to perform or make supply or is delayed in performing supplying any equipment or making any installationsfixtures, decorationsunless Landlord or Tenant, repairsas the case may be, alterationsis prevented or delayed from so doing by reason of Force Majeure or delays resulting from Mortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, additions or improvements required collectively, “Unavoidable Delays”); provided, however, in no event shall such party’s financial inability to perform be performed or made under an Unavoidable Delay. Notwithstanding anything to the contrary set forth herein, Tenant’s obligation to pay Fixed Rent and Additional Rent hereunder shall not be affected hereby unless specifically provided for in this Lease, or . Landlord and Tenant each shall notify the other as promptly as is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance reasonably practicable after learning of any Unavoidable Delays which prevents such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant party from fulfilling any of its obligations under this Lease, or impose any liability upon and after such initial notification promptly after request of the other party, Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
Tenant (bas the case may be) If, by reason shall notify the other party of the occurrence status of unavoidable delays due such delay. Each party shall use all commercially reasonable efforts to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for mitigate the delay caused by any other cause or event of a like nature not attributable Unavoidable Delays to the negligence extent reasonably commercially practicable, but without the necessity of employing overtime labor unless such party elects to do so within its sole discretion or fault of unless the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable other party elects to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of pay for such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordovertime labor.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
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Inability to Perform. (a) If, If by reason of the occurrence strikes or other labor disputes, fire or other casualty, accidents orders or regulations of unavoidable delays due to acts of Godany Federal, governmental restrictionsState, strikes, labor disturbances, shortages of materials County or supplies municipal authority or for any other cause beyond Landlord's reasonable control, whether or event of a like not such other cause shall be similar in nature not attributable to the negligence or fault of the Landlordthose hereinbefore enumerated, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseLease or any collateral instrument, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements improvements, whether or not required to be performed or made under this LeaseLease or under any collateral instrument, or is unable to fulfill or is delayed in fulfilling any of Landlord’s 's other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent periodcollateral instrument, and no such inability or delay shall constitute an actual or constructive eviction eviction, in whole or in part, part or entitle Tenant to any abatement or diminution of rental or other charges due hereunder rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason reasons of the inconvenience or annoyance to Tenant, or injury to to, or interruption of Tenant’s 's business, or otherwise.
(b) If, but only for so long a. such force majeure conditions exist provided, however that in the event such condition renders the Demised Premises untenantable, Tenant shall be entitled to a rental abatement for the period in which such condition exists. If Tenant is unable to fulfill its obligations hereunder by reason of the occurrence of unavoidable delays due conditions specified in this Section 48A Tenant shall not be deemed to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed be in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents default hereunder by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.thereof. INTERRUPTION OF SERVICE
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Inability to Perform. (a) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed Except as otherwise expressly provided in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable this Lease and the obligation of Tenant to pay Base Rent and Additional Rent, and to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required and comply with all of the other covenants and agreements hereunder on the part of Tenant to be performed or made complied with, shall in no way be affected, impaired or excused in the event that Landlord shall be delayed, hindered or prevented by reason of Force Majeure from performing or complying with any of the covenants and agreements to be performed or complied with by Landlord under this Lease, or is unable to fulfill furnish any service or is delayed facility. No such delay or failure by Landlord in fulfilling the performance of any of Landlord’s other obligations under this Lease, then the performance Lease by reason of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay Force Majeure shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, part or impose any liability upon Landlord or its agents by reason because of inconvenience or annoyance to Tenant, Tenant or injury to or interruption or loss of Tenant’s businessbusiness or entitle Tenant to any diminution or abatement of rent. Except as otherwise expressly provided in this Lease, the obligations of Landlord to perform and comply with all of the other covenants and agreements hereunder on the part of Landlord to be performed or otherwise.
(b) Ifcomplied with shall in no way be affected, impaired or excused in the event that Tenant shall be delayed, hindered or prevented by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials Force Majeure from performing or supplies or for complying with any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, covenants and agreements to be performed or complied with by Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then provided that lack of funds, bankruptcy or other financial difficulty shall not be deemed a Force Majeure or excuse or extend the performance of such work or act shall be excused time for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents obligation by reason of inconvenience or annoyance to LandlordTenant.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
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Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no wise be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of strike or labor troubles or any cause whatsoever beyond Landlord's reasonable control including, but not limited to, government preemption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the occurrence condition of unavoidable delays supply and demand which have been or are affected by war or other emergency. Notwithstanding anything contained in this Lease to the contrary, if due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials any work or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished installation performed by Landlord under the provisions of this Lease or otherwise or failure by Landlord to perform its obligations under the Lease, or is (i) Tenant shall be unable for at least ten (10) consecutive days to perform or make or is delayed operate its business in performing or making any installations, decorations, repairs, alterations, additions or improvements required the Demised Premises in substantially the same manner as such business was operated prior to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act installation or such failure, and (ii) such interruption shall occur during business hours, then, the Fixed Rent and the Additional Rent shall be excused for reduced on a per diem basis in the period proportion in which the area of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason part of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Demised Premises which is unusable bears to the negligence or fault total area of the Tenant, Tenant is delayed in performing work or doing any act required under Demised Premises for each day subsequent to the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of aforesaid ten (10) consecutive day period that such work or act shall be excused for the period portion of the unavoidable delay and the period for the performance of any such work Demised Premises remains untenantable or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordinaccessible.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Inability to Perform. (a) IfExcept for the payment of monetary obligations, by reason in any case where either party hereto is required to do any act, and the performance of such act is prevented, delayed or stopped due to any of the occurrence of unavoidable delays due to following (“Force Majeure”): acts of GodGod or nature, governmental restrictionswar, strikesterrorism, civil commotion, fire, flood or other Casualty, labor disturbancesdifficulties (provided each party shall use commercially reasonable efforts to resolve such labor difficulties), shortages of labor or materials or supplies equipment, government regulations, delay by government or for any regulatory agencies with respect to approval or permit process, unusually severe weather or other cause or event of a like nature reasonably unforeseeable circumstances not attributable to within the negligence or fault control of the Landlord, Landlord is unable to furnish party or is its agents delayed in furnishing any utility performing work or service doing acts required to be furnished by Landlord under the provisions terms of this Lease, the time for performance of such act (whether designated by a fixed date, a fixed time or a “reasonable time”) shall be deemed to be extended by the period of such prevention, delay or stoppage. Notwithstanding anything contained in this Lease to the contrary, if either party is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance Lease to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays extent due to acts of Goda foregoing event, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature such party shall not attributable to the negligence or fault of the Tenant, Tenant is delayed be in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations default under this Lease; provided, then however, that nothing contained in this Section shall (i) extend the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of time at which Tenant is entitled to terminate this Lease pursuant to any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations express termination right under this Lease, or impose (ii) permit Tenant to holdover in the Leased Premises after the Termination Date. It shall be a condition of the right to claim an extension of time or other consequence as a result of any liability upon Tenant of the foregoing events that the party seeking such extension or its agents by reason of inconvenience or annoyance to Landlord.
consequence shall notify the other party thereof, specifying the nature and (c) Notwithstanding anything herein contained to the contrary, extent known) the provisions of this Section 33 shall not operate to excuse either estimated length thereof. If such Notice is given later than five (5) Business Days after the notifying party from the prompt payment first has actual knowledge of the Rent or any other payments required by existence of the terms event, then the event occurring during the period commencing on such fifth (5th) Business Day and ending on the date of this Leasesuch Notice, shall be disregarded and deemed not to have occurred.
Appears in 1 contract
Inability to Perform. (a) IfThis Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of the occurrence of unavoidable delays any prevention, delay, stoppage due to strikes, lockouts, acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause previously, or event at such time, beyond the reasonable control or anticipation of Landlord (collectively, a like nature "Force Majeure") and Landlord's obligations under this Lease shall be forgiven and suspended by any such Force Majeure. HAZARDOUS WASTE Tenant shall not attributable cause or permit any Hazardous Material (as defined in Article 28(d) below) to be brought, kept or used in or about the negligence Project by Tenant, its agents, employees, contractors, or fault invitees, except for general office supplies typically used in the ordinary course of business (e.g., copier toner, liquid paper, glue, ink, and cleaning solvents) in commercially reasonable amounts used in compliance with all applicable Laws. Without limiting the foregoing, if the presence of any Hazardous Material on the Project caused or permitted by Tenant results in any contamination of the Landlord, Landlord is unable Project and subject to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this LeaseArticles 9, or is unable 10, and 11, hereof, Tenant shall promptly take all actions at its sole expense as are necessary to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required return the Project to be performed or made under this Lease, or is unable the condition existing prior to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance introduction of any such Hazardous Material and the contractors to be used by Tenant for such work must be approved by Landlord, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or act shall be extended for an equivalent period, short-term effect on the Project and no so long as such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason actions do not materially interfere with the use and enjoyment of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required Project by the terms of this Leaseother tenants thereof.
Appears in 1 contract
Samples: Master Lease (Inetvisionz Com Inc)
Inability to Perform. (a) IfThis Lease and the obligation of Tenant to pay Base Rent, by reason Additional Rent and other payments required hereunder and comply with all of the occurrence other provisions of unavoidable delays due to acts of Godthis Lease shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing supplying any utility service expressly or service required implied to be furnished by Landlord under the provisions of this Leasesupplied, or is unable to perform or make or is delayed in performing or making any installationsrepair, additions, alterations or decorations, repairs, alterations, additions or improvements required is unable to be performed supply or made under this Leaseis delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Leaseobligation hereunder, then the performance of such work if Landlord is so prevented or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents delayed by reason of inconvenience riot, strike, labor troubles, war, act of God or annoyance to Tenantany other cause whatsoever beyond Landlord’s reasonable control including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of unavoidable delays the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred and eighty (180) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 180-day period. EXECUTION COPY Notwithstanding the foregoing, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to acts the application of GodLaws, governmental restrictionsthe failure of any equipment, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work maintenance, repairs, improvements or act alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, then Tenant shall be excused for entitled to receive an abatement of Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5th) Business Day period and ending on the unavoidable delay and day the period for service has been restored. If the performance entire Premises have not been rendered untenantable by the Service Failure, the amount of any such work or act abatement shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordequitably prorated.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Precipio, Inc.)
Inability to Perform. (a) IfExcept as hereinafter otherwise provided, by reason if Landlord is prevented or delayed in performing or complying with any of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials covenants or supplies or for any other cause or event of a like nature not attributable to provisions hereunder on the negligence or fault part of the LandlordLandlord to be performed or complied with, or if Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply, or impose is delayed in supplying, any liability upon Landlord service expressly or its agents by reason of inconvenience impliedly to be supplied or annoyance is unable to Tenantmake, or injury to or interruption of Tenant’s businessis delayed in making any repair, additions, alterations, or otherwise.
(b) Ifdecorations or is unable to supply or is delayed in supplying any equipment or fixtures, by reason of the occurrence of unavoidable delays due to actual or purported acts of Godterrorism or by reason of strike or labor troubles, including, but not limited to, governmental restrictions, strikes, labor disturbances, shortages of materials preemption in connection with a National Emergency or supplies or for any other cause or event by reason of a like nature not attributable change subsequent to the negligence date of this Lease, in any rule, order, or fault regulation of any department or subdivision thereof or any government agency or by reason of the Tenantconditions of supply and demand which have been or are affected by way of other emergency, Tenant is delayed in performing work or doing any act required under the terms of this Lease and the obligations of Tenant to pay rent or additional rent hereunder and perform and comply with all of the other covenants and agreements hereunder on the part of the Tenant to be performed and complied with shall in no wise be affected, impaired, or excused, because of Landlord's delay or failure to perform or comply with any of the covenants or provisions hereunder on the part of the Landlord to be performed or complied with, nor because Landlord is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this LeaseLease or to supply or is delayed in supplying, any service expressly or impliedly to be supplied or is unable to make, or impose is delayed in making any liability upon Tenant repair, additions, alternations, or its agents by reason of inconvenience decorations or annoyance is unable to Landlordsupply or is delayed in supplying any equipment or fixtures.
(cb) Notwithstanding anything herein contained Should any Landlord-provided services (including the utilities described in Section 8 above) be interrupted or terminated for any of the foregoing reasons or as a result of Landlord's negligence (a "Service Interruption") and such Service Interruption continues for a period of three (3) or more consecutive business days after Tenant delivers written notice to Landlord of such Service Interruption, then all rent shall xxxxx as to those portions of the Demised Premises rendered untenantable from and including the first (1st) business day after Landlord's receipt of such written notice from Tenant and such abatement shall continue until such service is restored. In addition to the contraryforegoing, the provisions if a Service Interruption occurs and continues for a period in excess of thirty (30) consecutive days, Tenant, at its option, shall be entitled to terminate this Section 33 shall not operate to excuse either party from the prompt payment Lease by providing Landlord written notice of the Rent or any other payments required by the terms of this Leasesuch termination.
Appears in 1 contract
Inability to Perform. (a) IfExcept for the payment of monetary obligations, by reason in any case where either party hereto is required to do any act, and the performance of such act is prevented, delayed or stopped due to any of the occurrence of unavoidable delays due to following (“Force Majeure”): acts of GodGod or nature, governmental restrictionswar, strikesterrorism, civil commotion, fire, flood or other Casualty, labor disturbancesdifficulties, shortages of labor or materials or supplies equipment, government regulations, delay by government or for any regulatory agencies with respect to approval or permit process, unusually severe weather or other cause or event of a like nature reasonably unforeseeable circumstances not attributable to within the negligence or fault control of the Landlord, Landlord is unable to furnish party or is its agents delayed in furnishing any utility performing work or service doing acts required to be furnished by Landlord under the provisions terms of this Lease, the time for performance of such act (whether designated by a fixed date, a fixed time or a “reasonable time”) shall be deemed to be extended by the period of such prevention, delay or stoppage. Notwithstanding anything contained in this Lease to the contrary, if either party is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance Lease to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays extent due to acts of Goda foregoing event, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature such party shall not attributable to the negligence or fault of the Tenant, Tenant is delayed be in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations default under this Lease; provided, then however, that nothing contained in this Section shall (i) extend the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of time at which Tenant is entitled to terminate this Lease pursuant to any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations express termination right under this Lease, or impose (ii) permit Tenant to holdover in the Leased Premises after the Termination Date. It shall be a condition of the right to claim an extension of time or other consequence as a result of any liability upon Tenant of the foregoing events that the party seeking such extension or its agents by reason of inconvenience or annoyance to Landlord.
consequence shall notify the other party thereof, specifying the nature and (c) Notwithstanding anything herein contained to the contrary, extent known) the provisions of this Section 33 shall not operate to excuse either estimated length thereof. If such Notice is given later than five (5) Business Days after the notifying party from the prompt payment first has actual knowledge of the Rent or any other payments required by existence of the terms event, then the event occurring during the period commencing on such fifth (5th) Business Day and ending on the date of this Leasesuch Notice, shall be disregarded and deemed not to have occurred.
Appears in 1 contract
Samples: Office Lease Agreement (Splunk Inc)
Inability to Perform. Notwithstanding anything to the contrary set forth herein, if for more than five (5) consecutive days as a result of (a) Ifthe making of (or failure to make) any repairs required to be made by Landlord hereunder; or (b) Landlord’s entry upon the Premises, by reason or for more than thirty (30) days as a result of the occurrence lack of unavoidable delays any services or utilities required to be provided by Landlord hereunder which lack is due to acts the general unavailability of Godsuch services or utilities as a result of causes beyond the reasonable control of Landlord, governmental restrictions, strikes, labor disturbances, shortages of materials the Premises (or supplies or a material portion thereof such that it is not reasonably feasible for any other cause or event of a like nature not attributable Tenant to carry on its business in the negligence or fault balance of the LandlordPremises) is not reasonably useable by Tenant for conducting its business, Landlord then the Rent and other charges payable hereunder shall be abated for the period that Tenant is unable to furnish or is delayed conduct its business in furnishing any utility or service required the Premises. Tenant shall provide Landlord with immediate telephonic notice (to be furnished followed by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling written notice) when it believes that any of Landlord’s other obligations under this Leasethe events specified in the preceding sentence have occurred. In the event that a material portion of the Premises is rendered reasonably unsuitable for Tenant to conduct its business thereon for the reasons and for the time periods set forth above but Tenant is still able to conduct its business on the balance of the Premises, then the performance of such work or act Rent and other charges payable hereunder shall be excused equitably abated for the period during which such portion of the unavoidable delay and the period for the performance Premises is unusable. If as a result of any of the causes specified in the first sentence of this Section 12, the Premises (or a material portion thereof such work or act shall be extended that it is not reasonably feasible for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to carry on its business in the balance of the Premises) is not reasonably useable by Tenant for conducting its business for a period of ninety (90) days in the aggregate in any consecutive twelve (12) month period then Tenant shall have the right at any time within thirty (30) days after the end of such ninetieth (90th) day to terminate this Lease by written notice to Landlord. Notwithstanding anything to the contrary contained in this Section 12, if Landlord is diligently pursuing the repair of any of the items specified in the first sentence of this Section 12 and Landlord provides a substitute service reasonably suitable for Tenant’s purposes, for example, bringing in portable air-conditioning equipment, such that the Premises are tenantable and access exists, then there shall not be any abatement or diminution of rental rent or other charges due hereunder or relieve Tenant from and such days shall not count towards the ninety (90) days specified above. The foregoing provisions for abatement of the Rent and other charges and termination of the Lease shall be Tenant’s sole remedy for any of the items specified in the first sentence of this Section 12 and neither Landlord nor its obligations under this Lease, or impose agents shall have any liability upon Landlord or its agents to Tenant by reason of inconvenience or annoyance to Tenant, Tenant or by reason of injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of otherwise as a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance result of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve items. Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, agrees that the provisions of this Section 33 Lease shall not operate supersedes any laws, statutes, ordinances relating to excuse either party from the prompt payment condition of the Rent Premises or Tenant’s occupancy thereof and Tenant hereby waives and releases its right to terminate this Lease under any other payments required by similar, statutes or ordinances now or hereafter in effect, except to the terms of this Leaseextent expressly provided herein.
Appears in 1 contract
Inability to Perform. (a) If, by reason This Lease and the obligation of Tenant to pay Rent and additional rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in nowise be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease expressly or impliedly to be performed by Landlord or because Landlord is unable to make, or impose is delayed in making any liability upon repairs, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or by accident or by any cause whatsoever reasonably beyond Landlord’s control, including but not limited to, laws, governmental preemption in connection with a National Emergency or injury to by reason of any rule, order or interruption regulation of Tenant’s businessany federal, state, county or otherwise.
(b) If, municipal authority or any department or subdivision thereof or any government agency or by reason of the occurrence conditions of unavoidable delays supply and demand which have been or are affected by war or other emergency. Notwithstanding anything to the contrary in this Lease, in the event that Tenant is unable to use the Premises for the conduct of its business due solely to (x) Landlord’s breach of an obligation under this Lease to make repairs or provide services or (y) any action or willful misconduct of Landlord, and/or not as a result of casualty, Force Majeure or breach of this Lease by Tenant, and (i) such condition continues for a period in excess of ten (10) consecutive business days after the date of notice from Tenant to Landlord (the “Abatement Notice”) stating that Tenant’s inability to use the Premises is due to acts such condition, (ii) Tenant does not actually use or occupy any portion of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or the Premises for any other cause or event of a like nature purpose during such period, and (iii) such condition has not attributable to resulted from the negligence or fault misconduct of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act Base Rent and Additional Rent shall be excused abated on a per diem basis for the period commencing on the eleventh (11th) consecutive business day after Tenant gives the Abatement Notice and ending on the earlier of the unavoidable delay and date on which (A) Tenant reoccupies any portion of the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a defaultPremises, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlord(B) such condition is substantially remedied.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Yodle Inc)
Inability to Perform. (a) IfThis Lease and the obligations of Landlord and Tenant hereunder shall not be affected or impaired because Landlord or Tenant, as applicable, is unable to fulfill any of its obligations hereunder or is delayed in doing so, except for the payment of rent or other monies, if such inability or delay is caused by reason of the occurrence of unavoidable delays any prevention, delay, stoppage due to strikes, lockouts, acts of God, governmental restrictionsterrorism (or threat thereof), strikesfire, earthquake, floods, hurricanes, tornadoes, explosion, action of the elements, war, hostilities, invasion, insurrection, riot, mob violence, sabotage, epidemic or pandemic, eviction moratoria, public health emergencies, permitting delays, inspection delays, inability to procure or general shortage of labor disturbancesor equipment, shortages of facilities, materials or supplies supplies, failure of transportation, action of labor unions, condemnation, requisition, laws, orders of government or for civil or military or naval authorities, or evacuation or, whether similar or dissimilar to the foregoing, any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Leasepreviously, or is unable to perform at such time, beyond the reasonable control or make or is delayed in performing or making any installationsanticipation of Landlord (collectively, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of a “Force Majeure”) and Landlord’s other and Tenant’s obligations under this Lease, then the performance of such work or act Lease including all Exhibits shall be excused for the period of the unavoidable delay forgiven and the period for the performance of suspended by any such work or act Force Majeure. It is further understood and agreed that Landlord shall in no event be extended liable for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction failure to perform any obligation under this Lease in whole or in part, or entitle Tenant the event Landlord is prevented from so performing for any cause due to any abatement act or diminution neglect of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience servants, agents, employees, licensees, or annoyance to Landlord.
(c) any person claiming by, through or under Xxxxxx. Notwithstanding anything herein contained to the contraryDOCPROPERTY "DocID" \* MERGEFORMAT contrary herein, Tenant shall be responsible for complying with the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or insurance requirements set forth in Article 14 herein during any other payments required by the terms of this LeaseForce Majeure event.
Appears in 1 contract
Inability to Perform. (a) IfExcept as specifically provided for in other sections of this Lease, by reason the obligation of Tenant to pay rent hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease or to supply, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing supplying, any act required service to be supplied by it under the terms of this Lease or is unable to fulfill make, or is delayed in fulfilling making any repairs, additions, alterations, or decorations or is unable to supply, or is delayed in supplying, any equipment or fixtures if Landlord is prevented or delayed from so doing by reason of Tenant’s strikes or labor troubles or any outside cause whatsoever including, but not limited to, governmental preemption in connection with a National Emergency, or by reason of any rule, order or regulation of any department or subdivision of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other obligations under similar or comparable emergency. Similarly, except as specifically provided for in other sections of this Lease, then Landlord shall not be liable for any interference with any services supplied to Tenant by others if such interference is caused by any of the performance of such work or act reasons listed in this Section. Nothing contained in this Section shall be excused deemed to impose any obligation on Landlord not expressly imposed by other sections of this Lease. Except as specifically provided for in other sections of this Lease, the period obligation of Landlord to perform all of the unavoidable delay other covenants and agreements hereunder on the period for the performance part of any such work Landlord to be performed shall in no way be affected, impaired or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve excused because Tenant from is unable to fulfill any of its obligations under this LeaseLease (other than the payment of Base Rent or additional rent due hereunder) or to supply, or impose is delayed in supplying, any liability upon Tenant or its agents service to be supplied by reason of inconvenience or annoyance to Landlord.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by it under the terms of this Lease or is unable to make, or is delayed in making any repairs, additions, alterations, or decorations or is unable to supply, or is delayed in supplying, any equipment or fixtures if Tenant is prevented or delayed from so doing by reason of strikes or labor troubles or any outside cause whatsoever including, but not limited to, governmental preemption in connection with a National Emergency, or by reason of any rule, order or regulation of any department or subdivision of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other similar or comparable emergency. Nothing contained in this Section shall be deemed to impose any obligation on Tenant not expressly imposed by other sections of this Lease.
Appears in 1 contract
Inability to Perform. (a) If, by reason This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the occurrence other provisions of unavoidable delays due to acts of Godthis Lease shall in no way be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing supplying any utility service expressly or service required implied to be furnished by Landlord under the provisions of this Leasesupplied, or is unable to perform or make or is delayed in performing or making any installationsrepair, additions, alterations or decorations, repairs, alterations, additions or improvements required is unable to be performed supply or made under this Leaseis delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Leaseobligation hereunder, then the performance of such work if Landlord is so prevented or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents delayed by reason of inconvenience riot, strike, labor troubles, war, act of God or annoyance to Tenantany other cause whatsoever beyond Landlord's reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or injury to or interruption of Tenant’s business, or otherwise.
(b) If, by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of unavoidable delays the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to acts the application of GodLaws, governmental restrictionsthe failure of any equipment, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work maintenance, repairs, improvements or act alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be excused for entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5th) Business Day period and ending on the unavoidable delay and day the period for service has been restored. If the performance entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of any such work or act abatement shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordequitably prorated.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Arvinas, Inc.)
Inability to Perform. (a) IfExcept as otherwise specifically provided to the contrary under this Lease, by reason this Lease and the obligation of Tenant to pay Rental hereunder and perform all of the occurrence other covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts of Godbe performed shall in no wise be affected, governmental restrictions, strikes, labor disturbances, shortages of materials impaired or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, excused because Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements required to be performed or made under this Lease, or is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this LeaseLease expressly or impliedly to be performed by Landlord or because Landlord is unable to make, or impose is delayed in making any liability upon repairs, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or its agents delayed from so doing by reason of inconvenience strikes or annoyance to Tenantlabor troubles or by accident, or injury to by any other cause beyond Landlord’s reasonable control, including, but not limited to, laws, governmental preemption in connection with a national emergency or interruption by reason of Tenant’s businessany Requirements of any Governmental Authority or by reason of failure of the HVAC, electrical, plumbing, or otherwise.
(b) Ifother Building Systems in the Building, or by reason of the occurrence conditions of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials supply and demand which have been or supplies are affected by war or for any other cause or event of a like nature not attributable emergency (“Unavoidable Delays”). Except as otherwise specifically provided to the negligence or fault of the Tenantcontrary under this Lease, Tenant is delayed shall not be in performing work or doing any act required default under the terms of this Lease or because Tenant is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this LeaseLease expressly or impliedly to be performed by Tenant, or impose because Tenant is unable to make, or is delayed in making any liability upon repairs, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Tenant is prevented or its agents delayed from so doing by reason of inconvenience Unavoidable Delays. Notwithstanding the foregoing, (i) in no event shall a failure or annoyance inability to Landlord.
pay Rent or an inability to obtain financing or lack of funds or to make any payment(s) under this Lease be deemed an Unavoidable Delay and (cii) Notwithstanding anything herein contained the party whose obligation under this Lease is affected by an Unavoidable Delay shall give a notice to the contrary, the provisions other party within a reasonable time after learning of this Section 33 shall not operate its inability to excuse either party from the prompt payment of the Rent or any other payments required by the terms of perform its obligation under this Lease, which notice shall identify the reasons for such party’s inability to perform with reasonable specificity. Each party, to the extent practicable, shall use commercially reasonable efforts to mitigate the delay caused by an Unavoidable Delay; provided that neither party shall be required to perform any work on an overtime or premium basis (except as otherwise specifically provided to the contrary under this Lease), unless (i) such party elects to do so within such party’s sole and absolute discretion or (ii) the other party elects to pay for the incremental additional cost of performing any work on an overtime or premium basis.
Appears in 1 contract
Samples: Lease Agreement (Coty Inc /)
Inability to Perform. (a) IfExcept as expressly provided in this Lease, by reason the obligation of Tenant to perform all of the occurrence covenants and agreements hereunder on the part of unavoidable delays due Tenant to acts be performed, and the obligation of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable Landlord to the negligence or fault perform all of the Landlordcovenants and agreements hereunder on the part of Landlord to be performed, will not be affected, impaired or excused because Landlord or Tenant, as the case may be, is unable to furnish fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant, as the case may be, or because Landlord or Tenant, as the case may be, is unable to make, or is delayed in furnishing making any utility repairs, additions, alterations, improvements or service required to be furnished by Landlord under the provisions of this Lease, decorations or is unable to perform or make supply or is delayed in performing supplying any equipment or making fixtures, unless Landlord or Tenant, as the case may be, is prevented or delayed from so doing by reason of Force Majeure or delays resulting from any installationsMortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, decorationscollectively, repairs“Unavoidable Delays”); provided, alterationshowever, additions (i) in no event shall such party’s financial inability to perform be an Unavoidable Delay and delays resulting from any Mortgagee’s or improvements required Superior Lessor’s requirements to grant consent shall not be performed Unavoidable Delays unless Landlord shall have fulfilled all applicable requirements in connection with the granting of such consent (it being agreed that Landlord shall deliver to Tenant reasonable supporting documentation showing that Landlord shall have so fulfilled such applicable requirements promptly after Landlord’s receipt of a request therefor from Tenant) and (ii) in connection with the obtaining of the consent of any Mortgagee to a proposed subletting by Tenant, such consent shall be granted or made under withheld by such Mortgagee in accordance with provisions substantially similar to the provisions of Section 14.6 hereof. Notwithstanding anything to the contrary set forth herein, Tenant’s obligation to pay Rent hereunder shall not be affected hereby unless specifically provided for in this Lease, or . Landlord and Tenant each shall notify the other as promptly as is unable to fulfill or is delayed in fulfilling any of Landlord’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance reasonably practicable after learning of any Unavoidable Delays which prevent such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant party from fulfilling any of its obligations under this Lease, or impose any liability upon and after such initial notification promptly after request of the other party, Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
Tenant (bas the case may be) If, by reason shall notify the other party of the occurrence status of unavoidable delays due such delay. Each party shall use all commercially reasonable efforts to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for mitigate the delay caused by any other cause or event of a like nature not attributable Unavoidable Delays to the negligence extent reasonably commercially practicable, but without the necessity of employing overtime labor unless such party elects to do so within its sole discretion or fault of unless the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable other party elects to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of pay for such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordovertime labor.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Moodys Corp /De/)
Inability to Perform. If the performance or observance by Landlord or Tenant of any of the terms, covenants and conditions of this Lease on the part of Landlord or Tenant to be performed shall be delayed by reason of unavoidable delays (as hereinafter defined), then the time for the performance or observance thereof shall be extended for the period of time as Landlord or Tenant shall have been so delayed, provided Tenant shall continue, notwithstanding unavoidable delays, to be obligated to pay minimum rent and additional rent without abatement. Notwithstanding anything to the contrary contained in this Lease, if Landlord shall fail to provide services or perform work or repairs, as provided in this Lease (collectively, an "Interruption"), and such Interruption shall materially impair the customary operation of Tenant's business in all or any part of the Demised Premises (other than a de minimis part), and if (i) such Interruption shall continue for a period in excess of thirty (30) consecutive days following receipt by Landlord of notice from Tenant describing such Interruption and (ii) such Interruption shall not have been caused by an act or omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors (an Interruption that satisfied all of the foregoing conditions being referred to hereinafter as a "Material Interruption"), then Tenant shall be entitled to an abatement of the minimum rent and escalation rent payable under Article 22 (such abatement to be prorated if only a part of the Demised Premises shall be so affected by such Material Interruption),which shall begin on the 31/st/ consecutive day of such Material Interruption and shall end upon the date such Material Interruption has been terminated. The words "unavoidable delays", as used in this Lease shall mean (a) Ifthe enactment of any law or issuance of any governmental order, by reason rule or regulation (i) prohibiting or restricting performance of work of the occurrence of unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or for any other cause or event of a like nature not attributable to the negligence or fault of the Landlord, Landlord is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Landlord under the provisions of this Lease, or is unable to perform or make or is delayed in performing or making any installations, decorations, repairs, alterations, additions or improvements character required to be performed or made by Landlord under this Lease, or is unable to fulfill (ii) establishing rationing or is delayed priorities in fulfilling any the use of Landlord’s other obligations under this Leasematerials, then or (iii) restricting the performance use of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent periodlabor, and no such inability or delay shall constitute an actual or constructive eviction in whole or in part, or entitle Tenant to any abatement or diminution of rental or other charges due hereunder or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(b) Ifstrikes, by reason of the occurrence of unavoidable delays due to lockouts, acts of God, governmental restrictionsinability to obtain labor or materials, strikesenemy action, labor disturbancescivil commotion, shortages fire, unavoidable casualty or other similar types of materials or supplies or for any causes beyond the reasonable control of Landlord, other cause or event of a like nature not attributable to the negligence or fault of the Tenant, Tenant is delayed in performing work or doing any act required under the terms of this Lease or is unable to fulfill or is delayed in fulfilling any of Tenant’s other obligations under this Lease, then the performance of such work or act shall be excused for the period of the unavoidable delay and the period for the performance of any such work or act shall be extended for an equivalent period, and no such inability or delay shall constitute a default, or entitle or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Tenant or its agents by reason of inconvenience or annoyance to Landlordthan financial inability.
(c) Notwithstanding anything herein contained to the contrary, the provisions of this Section 33 shall not operate to excuse either party from the prompt payment of the Rent or any other payments required by the terms of this Lease.
Appears in 1 contract
Samples: Lease (Cmgi Inc)
