Common use of LANDLORD'S INABILITY TO PERFORM Clause in Contracts

LANDLORD'S INABILITY TO PERFORM. Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the term. Rent shall be payable as of the beginning of the term unless Landlord is unable to give possession, in which event, Rent shall then be payable as of the date possession is available. Landlord shall notify Tenant as to the date possession is available. The termination date of the Lease shall not change regardless of any change in the commencement date of the Lease. Tenant’s obligations under this Lease shall be unaffected if Landlord is delayed or unable to carry out any of Landlord’s other promises or agreements, or to supply any service to be supplied, or to make any required repair or change in the Apartment or property of the “Complex”. If such delay or inability is a result of labor trouble, governmental order, lack of supplies, Tenant’s acts or neglect, repairs, improvements, alterations, accidents, acts of God, the inability of Landlord to procure such service or to obtain sufficient quantities of fuel or supplies, or other causes beyond the control of Landlord, Tenant shall not be entitled to any claim for damages or rebates or reduction of Rent on account of any such delay or inability on the part of Landlord, but Landlord shall use reasonable efforts to fulfill its obligations under this Lease.

LANDLORD'S INABILITY TO PERFORM. Except as may be otherwise expressly provided in this Lease, this Lease and the obligations of Landlord and Tenant to comply with the covenants, terms and conditions hereof shall not be liable affected, curtailed, impaired, or excused because of any events of Force Majeure (hereinafter defined). “Force Majeure” shall mean and include those situations beyond either party’s control, including by way of example and not limitation, acts of God; accidents; repairs; strikes; shortages of labor, supplies, or materials; inclement weather; scheduling of planning board meetings or other municipal action affecting any issuance of construction permits and/or approvals, including, without limitation, where applicable, the passage of time while waiting for failure to give Tenant possession an adjustment of the Apartment on the beginning date of the term. Rent shall be payable as of the beginning of the term unless Landlord is unable to give possessioninsurance proceeds; or war, in which eventterrorism, Rent shall then be payable as of the date possession is availableor bioterrorism. Landlord shall notify Tenant as to be excused for the date possession is available. The termination date of the Lease shall not change regardless period of any change delay in the commencement date performance of the Lease. Tenant’s obligations under any obligation hereunder when prevented from so doing by a Force Majeure event provided nothing contained in this Article or elsewhere in this Lease shall be unaffected if Landlord is delayed deemed to excuse or unable to carry out permit any of Landlord’s other promises or agreements, or to supply any service to be supplied, or to make any required repair or change delay in the Apartment or property performance of the “Complex”. If such delay or inability is a result of labor trouble, governmental order, lack of supplies, Tenant’s acts or neglect, repairs, improvements, alterations, accidents, acts of God, the inability of Landlord to procure such service or to obtain sufficient quantities of fuel or supplies, or other causes beyond the control of Landlord, Tenant shall not be entitled to any claim for damages or rebates or reduction of Rent on account of any such delay or inability payment obligations on the part of Landlord. Tenant shall similarly be excused for the period of any delay in the performance of any obligation hereunder when prevented from so doing by a Force Majeure event, but Landlord provided nothing contained in this Article or elsewhere in this Lease shall use reasonable efforts be deemed to fulfill its obligations under this Leaseexcuse or permit any delay in the payment of Fixed Rent or Additional Rent by Tenant to Landlord, or any delay in the cure of any Tenant default which may be cured by the payment of money.